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No contract

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  • 05-02-2019 9:51pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    I started in my current job in August 2017. I was told by my manager when I started that most people in there work on a yearly contract basis and that my contract would be renewed at the end of every January. In January of 2018 I was given a contract that ran until 31st January 2019. I was also given a small salary increase.
    That date was last Thursday and I hadn't heard anything from HR or my manager so I emailed him last Monday asking was my contract being renewed.
    He said as far as he was concerned I was permanent employee now and there was no need to renew my contract but that he would contact HR to confirm.
    I thought this was rather odd because he said quite clearly a year ago that my employment was based on a year-to-year basis which I took to mean I would have to ask every twelve months if I was to be given another contract. Technically I actually no longer work for this company because the contract I was working under expired last Thursday.
    I don't see how they can employ me without a valid contract and I don't like it really. It's not very clever from their point of view either because there is nothing stopping me from getting another job and then not turning up the next day if I feel like it (giving no notice).
    I was also hoping for a pay rise (nothing massive, just a slight increase) but maybe they don't want to give me a new contract because I will maybe bring this up when I go to sign it.
    My manager is very laid back so I don't think he will get in touch with the HR person at all.


Comments

  • Registered Users Posts: 831 ✭✭✭Diziet


    if you have that on email (that you are now permanent) then I expect you are fine. And no, you cannot (should not) leave without notice; you have the same rights an obligations as the rest of the employees.

    A company cannot issue one year contracts ad infinitum. The limit is 4 years, I believe. And in any case you have employment rights after a year, so there is no point issuing consecutive 1 year contracts.


  • Registered Users Posts: 3,920 ✭✭✭Grab All Association


    As above I wouldn’t worry about it. Sounds like they just CBA for whatever reason to do it. Maybe they can’t afford to give you a raise too.


  • Registered Users Posts: 4,037 ✭✭✭lukin


    I got a permanent contract today as it happens. No pay rise which I am a bit disappointed about but happy to be made permanent.
    I don't know if I should ask why there was no rise when I sign it and give it back. I am not that assertive normally.


  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    I don't think it's a big problem.

    1) It sounds like they are definitely not going to let you go.

    2) You do need to get an updated contract, but I'd be nice about it. Remind your boss in a week or two.


  • Registered Users Posts: 1,002 ✭✭✭Dufflecoat Fanny


    Im in a similar situation. I did a year training program with my company and was officially hired September 2017. I still havent been given a contract. I'm with a full timePAYE worker in a construction company.

    So from what i read above they were supposed to give me a contract after 1 year at latest. I remember my probation period was 3 months so im more like 2 years from probation period.

    Would it be illegal what they are doing with me so?


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  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    What they are doing is illegal.

    Are you happy in the company?


  • Registered Users Posts: 1,002 ✭✭✭Dufflecoat Fanny


    OMM 0000 wrote: »
    What they are doing is illegal.

    Are you happy in the company?

    I'm happy but they don't pay overtime. I feel a bit used to be honest


  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    I'm happy but they don't pay overtime. I feel a bit used to be honest

    You can ask for a contract. But I don't think it will make any difference regarding your overtime.


  • Registered Users Posts: 18,574 ✭✭✭✭_Brian


    There are many misconceptions and oddities about employment law.

    There is a time limit after which you cannot make a complaint about having no contract. It’s taken that if you continue working your accepting the current conditions on face. I think it’s 3 months, maybe 6 but anyway the law specifies a time.

    Now, I saw a case recently that went to arbitration where an employee was claiming unfair dismissal after 8 years with no contract and it was still one of the issues pointed out to the employer.


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