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Made redundant after working a part time job for 4 and a half years on no contract

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  • 20-07-2014 8:04pm
    #1
    Dep!
    Banned (with Prison Access) Posts: 259 ✭✭


    Am I entitled to something legally as the employer never offered me a contract? Ive been told the employer could have to pay me upto 3 thousand euros.

    Just to clarify, I wasnt a contractor, I was an employee.

    Any feedack would be great.


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    #2
    Bicycle
    Registered Users Posts: 798 ✭✭✭Bicycle


    Were you working for this employer only and no other during this period of time?

    If you were solely employed by this particular company - even if part time - then you may be entitled to some redundancy on a pro-rata basis.

    Give NERA a call tomorrow. They are very helpful.


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    #3
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    The way i understood redundancy works is that you must be employed in the company for at least 2 years, if the company makes you redundant after this then you will be entitled to something. As advised nera will be the best people to advice you.


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    #4
    Dep!
    Banned (with Prison Access) Posts: 259 ✭✭Dep!


    Sorry just to clarify, I am getting redundancy given to me. I was wondering if i can take them to the Labour court for not giving me a contract when I was meant to have one? And if so, how much is the standard payout for this?


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    #5
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    Dep! wrote: »
    Sorry just to clarify, I am getting redundancy given to me. I was wondering if i can take them to the Labour court for not giving me a contract when I was meant to have one? And if so, how much is the standard payout for this?

    Did you not ask them when you were working for 4 years why you didn't have a contract? And yes you are legally supposed to be provided with one.


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    #6
    Galbin
    Registered Users Posts: 363 ✭✭Galbin


    A very similar thing happened to me, except that I had roll-over contracts every few months for five years. They had to pay me redundancy.


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    #7
    Shelflife
    Registered Users Posts: 3,074 ✭✭✭Shelflife


    So you are getting your redundancy and now you want to see if you can stick it to your former employer and get more money off him because you never got a contract?

    Yes you are entitled to a contract and if you went to the employment tribunal they may well slap him on the wrists and fine him, I doubt however if they will award you anything.


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    #8
    Dep!
    Banned (with Prison Access) Posts: 259 ✭✭Dep!


    Shelflife wrote: »
    So you are getting your redundancy and now you want to see if you can stick it to your former employer and get more money off him because you never got a contract?

    Yes you are entitled to a contract and if you went to the employment tribunal they may well slap him on the wrists and fine him, I doubt however if they will award you anything.

    They are giving me a tiny redundancy. I am taking them to the Labour court for unfair dismissal.

    What I was asking here is if it was true that employees who work without a contract can then take their ex employer to the Labour court for this, in addition to the unfair dismissal.


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    #9
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Duffff-Man wrote: »
    Did you not ask them when you were working for 4 years why you didn't have a contract? And yes you are legally supposed to be provided with one.

    Thats the kind of thing you ask and you find yourself with no job, better to build timeserved if you aren't offered one then to find out how that will be perceived, while some may realise they have slipped up, others will see that its an employee getting uppity and do their best to direct them to the door.


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    #10
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Dep! wrote: »
    They are giving me a tiny redundancy. I am taking them to the Labour court for unfair dismissal.

    What I was asking here is if it was true that employees who work without a contract can then take their ex employer to the Labour court for this, in addition to the unfair dismissal.

    Statutory redundancy is two weeks wages per year plus a bonus week, subject to a ceiling of a weeks wages not exceeding €600. So your statutory redundancy should be approx. 9 weeks pay


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    #11
    Dep!
    Banned (with Prison Access) Posts: 259 ✭✭Dep!


    Stheno wrote: »
    Statutory redundancy is two weeks wages per year plus a bonus week, subject to a ceiling of a weeks wages not exceeding €600. So your statutory redundancy should be approx. 9 weeks pay

    Thanks. Im aware of that.

    Im more curious if I am owed additional money due to me working for so long without contract. Im now starting to think this "you're owed 3,000 euros for this alone" story a friend is telling me may be not accurate.


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    #12
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Dep! wrote: »
    Thanks. Im aware of that.

    Im more curious if I am owed additional money due to me working for so long without contract. Im now starting to think this "you're owed 3,000 euros for this alone" story a friend is telling me may be not accurate.

    Sounds like a load of hogwash to me.


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    #13
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    cerastes wrote: »
    Thats the kind of thing you ask and you find yourself with no job, better to build timeserved if you aren't offered one then to find out how that will be perceived, while some may realise they have slipped up, others will see that its an employee getting uppity and do their best to direct them to the door.

    You are supposed to have a contract by law. There is nothing "uppity" about asking why you don't have a contract. At least this gives them a chance to resolve the issue.


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    #14
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    You won't be entitled to any compensation for not having a contract unless you would have benefited from having said contract.

    What have you lost out on with not having a contract?


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    #15
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Duffff-Man wrote: »
    You are supposed to have a contract by law. There is nothing "uppity" about asking why you don't have a contract. At least this gives them a chance to resolve the issue.

    Agreed, there is nothing uppity and it is law, but I was saying how it can be perceived, having worked in some places where managers have made it their mission to undermine peoples rights, make things difficult for staff and constructively dismiss people.


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    #16
    blindsider
    Registered Users Posts: 2,022 ✭✭✭blindsider


    i think it's important that you understand that a company is not in breach of legislation if it doesn't provide you with a written contract of employment. A verbal contract is assumed.

    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html

    However, a company is obliged to provide you with a written statement of the terms of your employment. For further information you should probably consult an EL solicitor.

    You could also contact NERA, or the Workplace Relations Customer Services dept, as per the link above.

    As for compensation for not having a contract......my advice would be to focus your time (and possibly money!) on getting the correct redundancy payment.


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