For employment advice and assistance regarding employment contracts, conditions, terminations, etc., please contact us by email via info@halpinsolicitors.ie or call the office at 021-425-1843. If a business is taken over by another employer as a result of a merger or legal transfer, employees` rights are protected by law. The new employer is required to hire existing employees and the terms of the worker`s employment contracts are automatically transferred to the new employer. Existing pension rights are not transferred to the new employer. Major changes to the explanation of your terms and conditions of employment may be necessary if, for example, the nature of your work changes so that you are doing other work for the same employer. Unless your contract already allows for certain changes, you and your employer must agree to those changes. Once you have reached an agreement, your employer must provide you with the details of the change(s) in writing within one month of their implementation. If you do not want us to track your visit to our website, you can disable tracking in your browser here: Not necessarily. In previous cases where an amendment to the employment contract did not have a direct effect on an employee, the courts have held that the fact that an employee does not object to the amendment does not mean that he or she is then bound by the duration of the contract. If this happens to you, you must now make it clear to your employer that you did not accept the change and that your continuation of the work was not consent to the change. You should also seek legal advice.
If your employer made a material change to your contract without your consent and you terminated as a direct result of that change, you may be able to argue that your employer`s insistence on the change effectively terminated the contract and left you with no choice but to terminate it. Legally, this is called «implied termination». If a court is satisfied that your employer`s actions were indeed a dismissal, then it will consider whether the dismissal was unjustified. Constructive termination can be complicated and difficult to prove. Therefore, you should always seek legal assistance before withdrawing. Employers are required by law to provide a full written explanation of the details (a document setting out the main terms and conditions of employment) within 2 months of taking up their duties (see details here). We know that some employers do not offer this. In this case, think about what has been agreed verbally between you and your employer.
It`s still a contract. If there has not been a formal agreement, but you have worked in a certain way for a certain period of time with your employer`s permission, you may be able to argue that your current agreements are part of your contract. You may also be able to sue your employer for failing to provide employment data. You should seek legal advice if you plan to make a claim against your employer. All employees who work for the employer for one year without interruption and who have not yet reached the normal retirement age for employment are covered by law. In order for a contract to be properly terminated when a termination occurs, the termination must specify the time of termination or be done in such a way that the time can be determined. Employees can opt for a change, and many contractual terms are of course changed from time to time by mutual agreement, such as a salary increase. If your employer proposes to dismiss (and reinstate) 20 or more workers, the collective consultation obligations under section 188 of the Trade Unions and Labour Relations (Codification) Act 1992 apply. For more information, visit our Covid redundancy pages. Since a group consultation requires an employer to comply with very specific obligations, you should seek legal advice if your employer has not followed these rules, as you may be entitled to a protection premium. Failure to comply with collective consultation obligations may result in the employer being instructed to pay a protection bonus of up to 90 actual remunerations to each employee concerned.
Breach of contract: If the change is a contract amendment that does not include remuneration, by . B a change in hours of work or place of work, and you wish to remain in your role, you must take legal action against your employer in the civil courts. An employee may not bring an action for failure to fulfil obligations before the court during his employment. Be careful, however, civil court claims carry the risk of costs if they fail, and even if you win a breach of contract claim, you`ll likely only receive a small amount of money. If you lose, you may have to pay your employer`s legal fees. As a first step, you should talk to your employer. Ask them what the reasons for the change are, how long it will take, and if there is room for negotiation. For example, your employer may want to move your workplace so that it is further away, which would cause you problems. But they may agree to change your hours so you can get to work more easily, or allow you to work from home for part of the time so that your total weekly commute time is always the same. In practice, this is a negotiation.
The declaration must specify the reference period that your employer uses to calculate your entitlements under the National Minimum Wage Act 2000. (Under this law, your employer can calculate your entitlement to minimum wage over a reference period of at least one week and a maximum of one month.) The legislation provides for dismissal during working hours in two situations, namely «dismissal» and «short-term». .