# Mandatory work in the Middle East ... advice please!



## tvmania (5 Jun 2008)

Hi, 

  I am looking for some advice please. 

  The company that I work for are looking for myself & some of my fellow workers to travel abroad (middle east) to work for a minimum of 1 month up to a maximum of 2 months, on an individual basis. We have been told in writing that is mandatory. 

  Our initial contract on joining the company states that ‘travel maybe required from to time to time’ depending on business needs. However, most of us involved have been with the company 10 years plus & during that time any travel was related to training purposes only and never to work. 

  This time, we will actually have to work on shift, which is also a different shift structure from what we have worked for that last 10 years plus and as stated above in a different country outside of Europe. 

  None of us are interested in going for various reasons. Can the company force us into this situation & would it be worth seeking legal advice?



Thank you in advance!


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## ClubMan (5 Jun 2008)

Sounds to me like the company is within its rights under the contract of employment to request you to travel. You can always refuse or, better still, try to negotiate some mutually agreeable solution (e.g. shorter trip(s) etc.). I doubt that it's worth getting legal advice to be honest.


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## sam h (5 Jun 2008)

I would disagree, if you have worked for the last 10 years without having to travel in this way, I can't see how the company could push you to enforce a minor point of your original contract.  

However, if you want to progress in the company, you may want to consider your options


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## ClubMan (5 Jun 2008)

sam h said:


> I would disagree, if you have worked for the last 10 years without having to travel in this way


In what way? The original poster admitted that *some *travel was required in the intervening years.


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## Purple (5 Jun 2008)

tvmania, Was the travel to date overseas? For how long were you away on these trips?


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## Bronte (5 Jun 2008)

If you can't get out of it, other than losing your job, make sure you negotiate it on the best possible terms, such as travel back after two weeks, or family to come out, particularly if it's the summer holidays, good accommodation suitable for family etc.  The more flexible you are the more flexible they may be but there are no guarantees.  I don't think travel from time to time is equal to being transferred to work abroad for 2 months.


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## Mpsox (5 Jun 2008)

where in the middle east are they asking you to go, is there some reason(security) for example why you would not want to go.?


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## sandrat (5 Jun 2008)

is there something in contract saying your work base is at x but this may be changed by management here required etc?


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## tvmania (5 Jun 2008)

Hi Folks, 

Thank you for your replies. Just some quick responses below:



ClubMan said:


> Sounds to me like the company is within its rights under the contract of employment to request you to travel. You can always refuse or, better still, try to negotiate some mutually agreeable solution (e.g. shorter trip(s) etc.). I doubt that it's worth getting legal advice to be honest.



We have tried to negotiate but company have come back with different conditions such as offering less money & extending duration of travel (originally was meant to be only 2.5 weeks).



Purple said:


> tvmania, Was the travel to date overseas? For how long were you away on these trips?



Yes but always for training purposes only. Trips were usually several weeks.



Mpsox said:


> where in the middle east are they asking you to go, is there some reason(security) for example why you would not want to go.?



Yes, security is one of the main concerns. 



sandrat said:


> is there something in contract saying your work base is at x but this may be changed by management here required etc?



Contract states: 'Although your place of employment will be X, you may also be required to work in other locations from time to time'

However, in some cases can certain unwritten custom & practices (in our case only ever travelling overseas for training purposes) carried out over a number years have an influence on original employment contract?


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## shipibo (5 Jun 2008)

Is your employer small or large, 

I.E Can they reasonably say your refusal will impact business

Are you in Union, are other company colleagues in Union ..


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## comanche (5 Jun 2008)

tvmania said:


> Hi,
> 
> I am looking for some advice please.
> 
> ...



Where does this middle east come into this - would the scenario be any different if it was the Africa/USA?


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## MugsGame (5 Jun 2008)

Try another tack - how will they get you a Visa or work permit for the proposed destination?


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## tvmania (5 Jun 2008)

comanche said:


> Where does this middle east come into this - would the scenario be any different if it was the Africa/USA?



As mention before, security / safety is a major concern for all involved. None of our families are keen for us to travel to the region concerned.



MugsGame said:


> Try another tack - how will they get you a Visa or work permit for the proposed destination?



This is a good question. I have just found out that another fellow worker (different job spec) who traveled there recently was told to say he was there for training as opposed to working. Will look further into this.


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## comanche (6 Jun 2008)

tvmania said:


> As mention before, security / safety is a major concern for all involved. None of our families are keen for us to travel to the region concerned.



What travel advisories are there for the region you are travelling to - are there any?



Sorry, but I feel that alot of people have biased conceptions of the middle east based on the fear that the media beam into our sitting rooms every night!


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## ClubMan (6 Jun 2008)

comanche said:


> What travel advisories are there for the region you are travelling to - are there any?


Or on the Irish Department of Foreign Affairs page?


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## Bronte (6 Jun 2008)

What country is it - are we talking Iraq or the UAE?


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## tvmania (6 Jun 2008)

comanche said:


> What travel advisories are there for the region you are travelling to - are there any?
> 
> 
> 
> Sorry, but I feel that alot of people have biased conceptions of the middle east based on the fear that the media beam into our sitting rooms every night!



 Thanks Comanche & Clubman for the links. 

The Department of Foreign Affairs advices against non-essential travel to the region we would be sent to. In recent times there has been rocket fire in the region in question.


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## eileen alana (7 Jun 2008)

Under Health & Safety legislation, every worker is entitled to a stress free working environment. If there are rocket attacks going on and the area is not safe then it's going to cause you stress. I would imagine, you shouldn't be forced to go if you are concerned about your safety.


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## ClubMan (7 Jun 2008)

Yes. If there are Government travel advisories about the destination region then that is certainly relevant.


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## Complainer (8 Jun 2008)

eileen alana said:


> Under Health & Safety legislation, every worker is entitled to a stress free working environment.


That's a bit of exaggeration, though I think I know where you are coming from. Under H&S legislation, risks arising from stress (like other hazards) must be assessed and controlled, but there is no legal obligation or expectation that a work environment would be stress free.


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## eileen alana (8 Jun 2008)

Under Irish law every worker has a right to a safe place of work.


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## Mr Toad (8 Jun 2008)

Picking up some points:

- "In recent times there has been rocket fire in the region in question." am I right in guessing Hamas or Peoples Islamic Jihad lobbying rockets from Gaza at southern Israel? If so would you actually be working in the affected areas? The rockets are very limited in range. 
- Your contract provides for travel.  I think the best option is to negotiate as favourable terms as possible with your employer as other posters suggested also ask for an allowance for potential danger.
- Also ask your employer to arrange and pay for a High Risk Insurance Policy to cover for death, disabilitating injury, kidnap etc. Your ordinary life insurance policy / health insurance etc. may have a clause exempting injuries suffered in war zone / as a result of terrorism.


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## Complainer (8 Jun 2008)

eileen alana said:


> Under Irish law every worker has a right to a safe place of work.


The law doesn't say this in absolute terms. If you look at the SAFETY, HEALTH AND WELFARE AT WORK ACT 2005, section 8 states (with my *bolding *for emphasis)





> 8.—(1) Every employer shall ensure, *so far as is reasonably
> practicable*, the safety, health and welfare at work of his or her
> employees.
> (2) Without prejudice to the generality of subsection (1), the
> ...



So unless you are aware of some other relevant legislation, it is not quite as black-and-white as you imply.

The OP should certainly ask his employer for details of what risk assessment has been carried out to assess the risks involved in this assignment, and what risk control measures are being put in place.


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## shipibo (9 Jun 2008)

Complainer said:


> The law doesn't say this in absolute terms. If you look at the SAFETY, HEALTH AND WELFARE AT WORK ACT 2005, section 8 states (with my *bolding *for emphasis)
> 
> So unless you are aware of some other relevant legislation, it is not quite as black-and-white as you imply.
> 
> The OP should certainly ask his employer for details of what risk assessment has been carried out to assess the risks involved in this assignment, and what risk control measures are being put in place.




Agreed. also is any mention in T+Cs for travel, on occasion, 20% travel included etc ....


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## HighFlier (9 Jun 2008)

What actual country is it. I travel to the Middle East regularly (Gulf States mainly). If you let us know I will give you my experience if it's the same area.


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## shipibo (16 Jun 2008)

http://news.bbc.co.uk/2/hi/middle_east/7456547.stm

Some news on issue.


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