Employment Contract Questions

  • Thread starter EmployeeQ33
  • Start date
E

EmployeeQ33

Guest
I've been offered a contract in IT with a Multinational in Ireland.

It is my first job here in Ireland and I'm not too up to date with Irish employment law and have 3 questions in regards to my contract, to decide if I want to sign this contract or not.

1) It states that my normal working hours are 40, but that I'm required to work reasonable additional hours if the business demands it. Does this mean that my employer could demand from me to work constantly 48 hours per week (I checked, that seems to be the maximum allowed under European work), thereby getting 20% more hours for free? Or is there any safeguard in Irish law to prevent this? And how does the employer has to proof that the business demands it?

2) The contract states that my normal workplace is the office in Dublin, but that I could be asked to work in other offices of the company in Ireland and outside of Ireland if the business demands it.. Could my employer ask me to work somewhere else than Dublin continuously or is there any safeguard in Irish law to prevent this?

3) The contract also states that as a freelancer, when working in a company that does webdesign) or that otherwise impacts the main job (e.g. working 9-17 in the office and then working a 12 hour shift as a security guard). Where I'm from, a similar clause would only apply to the 2 examples, but not for example if your normal work is in an office and you would sell your own paintings at markets on the weekend for example.

Thank you
 
Re: Contract Questions

these are standard and you will come across them in most IT roles.
 
Re: Contract Questions

Yeah - standard stuff. If you are concerned then get professional advice from a solicitor with experience in employment issues. Outside employment such as the example you cite probably does not need permission from the employer. Anything that is in the same field as the employer or might impact you ability to do your main job might though.
 
Re: Contract Questions

I always have any clauses relating to 1) and 3) which you mention, struck out of a contract. I have never yet had a problem with this. If you don't question it, the company will always try and put themselves in the strongest position with contracts. The only real chance you have to negociate is up front pre-contract.

Generally working a few extra hours now and then is good for both sides. You show some commitment to the company and they get some additional work effort from you. It would normally improve your standing at contract renewal time with increased rates or a move to a better position.
However, you could always add to clause 1), something like "subject to approval by both parties". This at least gives you some foothold to negotiate, if the few extra hours becomes a weekly thing and then you haven't a leg to stand on.

3) This is legally unenforceable. By offering your services as a contractor you are providing a business service. As a business you might have committments to past customers, eg website or email support. The company is contracting you to perform your service during normal office hours to a professional standard. What you do outside these hours on behalf of your business is your concern, as long as it doesn't affect the provision of your service to the company.
 
Re: Contract Questions

Sorry - I missed the fact that the original poster is a contractor and not a regular employee. This may alter things. An independent contractor who has issues with a contract presented to them should get professional legal advice.
 
Re: Contract Questions

Sorry - I missed the fact that the original poster is a contractor and not a regular employee. This may alter things. An independent contractor who has issues with a contract presented to them should get professional legal advice.

It's a normal employment contract, not a contract for an independent contractor. Should have made that point clearer.
 
Back
Top