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Contract issues.

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  • 10-03-2014 8:01pm
    #1
    Registered Users Posts: 1


    I currently work as a Supervisor in an multi national catering firm and the firm have issued new contracts which I find unacceptable. Being moved from an hourly rate to a salary for the same amount yearly as the hourly with a no overtime clause embedded in it even though I cleared a considerable amount in OT in the 2013 pay period. Also 2 colleagues with less service and experience in the role have been upgraded to a higher level than myself. The company policy is to advertise the positions internally for all to have an equal opportunity which was not done. Saying these colleagues were hired in a more senior level than myself which I know for a fact is an untrue statement. There are more issues involved. Do I have the right to refuse the new unacceptable contract? I am 3 years with the company and find that after that length of service and hard work, its a case of 1 step forward and 2 back. Any advice out there?


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  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    I currently work as a Supervisor in an multi national catering firm and the firm have issued new contracts which I find unacceptable. Being moved from an hourly rate to a salary for the same amount yearly as the hourly with a no overtime clause embedded in it even though I cleared a considerable amount in OT in the 2013 pay period. Also 2 colleagues with less service and experience in the role have been upgraded to a higher level than myself. The company policy is to advertise the positions internally for all to have an equal opportunity which was not done. Saying these colleagues were hired in a more senior level than myself which I know for a fact is an untrue statement. There are more issues involved. Do I have the right to refuse the new unacceptable contract? I am 3 years with the company and find that after that length of service and hard work, its a case of 1 step forward and 2 back. Any advice out there?

    Someone else may be able to advise you on whether you have to accept a new contract over an existing one but, overtime is not an entitlement, being paid for it when you do work it is. Your existing contract should set out the standard minimum weekly hours you are contracted to work. Promotion is also not an entitlement, the company can promote others as they see fit.


  • Registered Users Posts: 8,369 ✭✭✭Ray Palmer


    davo10 wrote: »
    Someone else may be able to advise you on whether you have to accept a new contract over an existing one but, overtime is not an entitlement, being paid for it when you do work it is. Your existing contract should set out the standard minimum weekly hours you are contracted to work. Promotion is also not an entitlement, the company can promote others as they see fit.

    Not quite true. Overtime pay is not a requirement for a role. You can become a salary employee and lose overtime pay. Very standard for a manger.
    If a company has a promotion policy and a union and they broke this procedure they can cause problems. That can include withdrawing a promotion and starting a recruitment process again.
    If you have a union go to them. Either way OP don't expect a promotion or chance at one after that. Companies don't like to be forced to adhere to anything whether it is a the law or their own policy.


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