no job contract

P

panathon

Guest
Been in a position now for 4 years. Have repeatedly asked for a written contract and still have none.As far as I can ascertain out of about 2 dozen employees, no-one else has one either (bar the accountant!) Without one, what rights do I lack in? What is their underhand purpose in not preparing one for all their employees (don't make a comment on how there are so many mugs under one boss!) and am I by law at this stage entitled to one.

Also there are no perks which I imagine I should have negotiated at the interview stage?: ie pension, vhi, what are they pulling? I am looking for a new position due to these matters but am very ignorant on specific benefits to the boss in doing so and am wondering what my entitlements are at this stage. Overtime is paid at less than the going rate of time and a half and so I now refuse to do it as the inhouse accountant can't tell me how it is calculated (apparently the computer is completely automated to do it!, he doesn't know himself) but other idiots continue to do it, so my protest is irrelavant.

So get a new job or stand up for myself here, in the absence of a contract, am I screwed?

TIA
 
Contact the DETE Employment Rights Section for info about your statutory rights. You are entitled to a written contract but the absence of one does not mean that you do not have a contract!

http://www.entemp.ie/
 
the fact that you are working there for the last 4 years is a contract.it may be unwritten but the fact remains that it is a contract.you hold all and i do mean all the rights that an employee with a contract holds. most employers who run small companies(mom and pop shops etc) normally dont bother with contracts as they don't have the legal knowlegde to write 1 up.you're still entitled to minimum holidays,maternity leave,redundency etc etc etc.if you've a more specific query, then elaborate and we on the board can try answer it for you.
 
I don't have a contract either and am working with small company for 2 1/2 years. If there is no difference then how come everyone is meant to have one?
 
A contract also protects the boss so s/he is short sighted not to have one. It can be one page stating hourly pay, holidays, breaks, working hours etc. Anything that is not written in the contract but is common practice is also, by default, part of your terms and conditions.

Overtime is up to local agreements unless you are covered by a JLC agreement but the market rate should apply.
As for VHI, pensions etc; some of these things are required to be provided by an employer (like a pension scheme), but they do not have to contribute. At the end of the day it's all your money and you should decide how it is spent. If there is a tax efficient way of using some of it and your employer can accommodate you then they should.
 
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