Is this legal?

LegacyUser

Hi Boards,

I am currently at my wits end with the following situation as I am foreign and don't have that much insight into irish employment law, so any help or advise would be appreciated!

First of all, my company has no Union unfortunately. I am with them for over one year now.

So basically, I have a fixed contract working for a company (lets say A) whose client is a big IT one (B).
The contract runs until summer 2017. During the last year, we got a new supervisor from A and things are going downhill ever since. We were extremely busy in the last couple of weeks (this already happened last year as well during the same month, so no surprise really) so for about 4 weeks we were offered voluntary overtime to help with the backlog. Here this supervisor, even though it was voluntary, came to every one individually almost every day asking us to do overtime and to one of my colleagues who said they can't work overtime, he said that he is very disappointed in her. Some people really worked hard and had 60 hour weeks. Of course we received time and a half for this time. The supervisor from client B told us in the previous year and also after the overtime period this year, that we are the best team from all sites worldwide and how happy they are with us. This was the last communication we directly received from the client.

Now things are changing. We received new hires a few weeks ago who do the same job with shorter contracts and less money. Here the alarm bells started ringing. We were called in a meeting last week ( no email or other written communication which is usually always the case, even for the shortest meeting). Literally tapping on peoples shoulders and told row by row in groups of 20 to come to the meeting. There were only representatives of company A. In previous meetings, there was at least always one person of company B. Here we were told that Client B has decided to increase our workload and that we have to perform at a 10% increase rate. If we fail to do so, there will be an improvement plan with each of us who doesn't make the cut and if we still can't perform, there will be dismissals. All of this within 4 weeks. We are already struggling to reach the current one, so this 10% is a huge jump. People are scared to lose their jobs...Again, this was just landed on us- no mention anywhere in writing. I can't find anything in my contract either that would justify such action.

So obviously, our team started scratching our heads what was going on. After we've been told how great we were by the client and then this change..so we came up with this:

Company A was in financial difficulties for the last couple of months but got back on their feet. Paying us overtime, was probably too expensive for them. Now they are realizing that they are paying us too high wages in general, if they can hire new people for x amount less a year. If people can't cope with the 10% workload increase, they are let go and new ones are hired for less money. The strange thing is that the Client company B is completely staying out of this. Not one word. Whereas before we had great communication and things were explained to us why certain things were necessary to implement into our work routine which we appreciated. Now? Just silence. We asked company A why we don't hear any statement from B since it was them who allegedly upped the work load and we were told that it was the client new requirements and basically that it is not our business as to ask why.

So is there anything we can do? I mean, something so drastic that can potentially lead to people's dismissals needs to communicated not just verbally but also in writing, no? Is it worth insisting on seeing any proof that this demand is coming from B and not A itself, justifying their actions? I can't deal with them lying to us if that is the case and if they had nothing to hide, can't they just show us proof that this is indeed coming from the client?

Just so may things don't add up and i would just like to know your opinion as this whole approach just seems dodgy. Thank you all!

Nody

Ok so let's break down the relevant part; first of all company B has no say in what company A pays or if company A their demands more beyond the minimum contract stipulations nor do you have any right to see any communication from company B. Secondly company B saying you're the best etc. is standard company talk; don't believe it and company B will tell you all to be replaced if the cost was to high (there's a reason you're not hired by company B after all).

Now on to the increased targets; they don't need to communicate them in writing but they will need to give you feedback and your improvements plan will need to be documented. And yes it's quite obvious they are doing it to rotate you out but on the other hand if someone can do the same job cheaper why would they not ask more of the people who are experienced? Anyway yes they will rotate people through PIPs (Performance Improvements Plans) and make sure people clearly go through the additional support they are going to receive to make it possible to hit the target(s). Don't be afraid to challenge back on the details, make sure every training is clearly documented including durations etc. in writing (because failure to then give you the documented training is grounds to claim the PIP plan was not followed and hence applicable). Also pay attention to making sure you are on site on time (not a minute late clocking in our a minute clocking out early inc. breaks etc.) and be very vary of taking sick days even if you get a doctors cert.