Employee has no written contract/terms of employment & wont sign, poor quality work.

[StaroftheSea]

I have inherited an employee who has no written contract and has apparently refused to sign one in the past.

He has no apparent terms of employment, gets paid weekly the minimum wage on a part time basis 10 hours per week, and is paid all year round and through holidays even though there is no work to be done at holiday time. There is no list of duties or responsibilities. The quality of the work done is poor.

He has been unwilling to discuss terms of employment in the past and has threatened union action if pressed on the matter. The most shocking part of it all is that this person has been employed under these circumstances for upwards of fifteen years.

As the new person just arrived on the scene, I'm not sure where to begin here.

I know that as the employer I am in breach of regulations regarding providing terms and conditions of employment etc... But how can I proceed if the person is unwilling to co operate?

How can I retrofit all the necessary legal bits and pieces once the person is already employed for this long?

Thanks in advance,

 

[ajapale]

I know that as the employer I am in breach of regulations regarding providing terms and conditions of employment etc

As far as I know an employee is entitled to a written contract contract if the employe requests it. I dont think you as an employer are entitled to force and employee with out a written contract to accept one.

.. is paid all year round and through holidays even though there is no work to be done at holiday time.

Your employee is entitled to his statutory annual holidays.

The quality of the work done is poor.

This employee is on minimum wage and presumably is working to verbal instructions of his manager/supervisor. What is the manager/supervisor doing about the situation?

... and has threatened union action if pressed on the matter.

Why dont you just engage with the trade union and work something out?

 

[Latrade]

Best bet is to get advice from a specialist, there are companies out there that can give you appropriate advice on how to go forward. If you're a member of IBEC, SFA, ISME, etc they should have this service as part of their membership.

In effect though, while even without a contract or a refusal to sign a contract, they and you still have to operate to the minimum conditions of a contract. In effect these terms and conditions exist with or without his consent.

In addition, you should be spelling out certain specific aspects (such as policies and procedures) as part of a company handbook this is separate to the contract.

Best though to run it past a specialist.

 

[Brendan Burgess]

I would certainly agree with talking to a specialist, but are you sure that an employee needs to sign a contract?

I think you need to provide him with one. If he doesn't engage, just provide him with a draft contract of employment, telling him, that unless you hear from him within 10 working days, you will assume it is acceptable to him.

I would have thought that he has terms of employment as a result of the practices.

But overall, you are doing the right thing in facing up to the problem and sorting it out. It may be hassle, but it will work out.

Employers are often overscared of the trade unions and the Employer Appeals Tribunal. Some unions are unreasonable, but most will talk to you. You may also find that this guy's colleagues will welcome his behaviour being challenged.

Brendan

 

[StaroftheSea]

Thanks for the replies all,

I've been investigating it a bit and as far as I can gather, he should have terms and conditions of employment but not neccessarily a signed contract. An employee is deemed to have a contract
"
whether the contract is express or implied and if express, whether it is oral or in writing;
" Terms of Employment Act 1994....

....so it seems that in effect this person has a contract which contains his present working conditions even though there is no written information....

My problem is that there are no duties list, no procedures in place to address poor performance (the previous supervisor apparently tried and failed to put some sort of shape on things) , no apparent end to the contract (is this a job for life?), etc etc

The person would be considered unco-operative and extremely defensive on the subject - why wouldn't he be when his conditions are so good. Paid through out the year with little or no work done through extensive holiday periods and no accountability for hours worked. His wage is public money, and if nothing else it goes against the grain for me to pay someone while they do nothing for it.

Again the question really is I suppose Is it possible to put in place reasonable conditions of employment including holiday pay, sick pay, signing in and out of work for accountability etc recording of work done by the person themselves, a duties list and a termination date? (I know that last one's probably a lot to ask but otherwise it is a job for life surely??)

I will be seeking professional advice on this, but I'm just interested in what you folk have to say on it......

Thanks,

 

[ajapale]

His wage is public money.

Is this a state agency or other public funded organisation?

Again the question really is I suppose Is it possible to put in place reasonable conditions of employment including holiday pay, sick pay, signing in and out of work for accountability etc recording of work done by the person themselves, a duties list and a termination date? (I know that last one's probably a lot to ask but otherwise it is a job for life surely??)

I think this is a failure of management/supervision. I dont think the solution lies in the provision of a written contract alone.

Have you considered that this part time minimum wage employee may be illiterate?

Your employee has an implicit contract and it would be up to a court to interpret it. It certainly is not up to the employer (alone) or the employee (alone) to unilaterally interpret it.

 

[z107]

Why bother causing problems for yourself?
Wouldn't it be easier just to accept the status quo?

You also say that he is paid through public money. If this is the case, then the odds are stacked against you anyway.

 

[legend]

if you need a recommendation let me know, have used a guy before that was excellent , came in and sorted a few probs like this for us, he's based in Cork and reasonable.