# Redundancy entitlement?



## DellaB (15 Nov 2013)

Hi folks,

I have the following question, been getting mixed messages from people at work.

I've worked abroad for a US company for 10 years and I plan to transfer to the Dublin office of our company next year. It's a personal move, company is not sending me to Dublin but is happy for me to work there instead of here.

If i were to be made redundant after my return, would be settlement be based on the time spent working for the company in Ireland or would it include the 10 years spent here? When I leave here I will terminate my contract and and sign a new local contract in Ireland.

Thanks for any feedback on this!


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## Luternau (16 Nov 2013)

Where is 'here if its not Ireland'? 

In the event of a redundacy, surely its up to your employer to deterniine what serviice would be reckonable based on your employment history and status?

How likely is this? If very likely, whya sever a good contract somewhere else to come here (being Ireland in this instance)


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## DellaB (16 Nov 2013)

Luternau said:


> Where is 'here if its not Ireland'?
> 
> In the event of a redundacy, surely its up to your employer to deterniine what serviice would be reckonable based on your employment history and status?
> 
> How likely is this? If very likely, whya sever a good contract somewhere else to come here (being Ireland in this instance)



Thanks for your reply.

Here is in the Netherlands. I'm not sure if it is up to the employer or determined by legislation, whether years of service is years with the company or years on the current contract. That's where I'm getting conflicting opinions.

The reason I'm considering this is because I want to go home : )


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## Luternau (16 Nov 2013)

What I mean by your employer determining what service would be reckonable, I meant whether they regarded your employment. Employee? Contractor? Permanent? Temporary? What about the move-will they regard this new contract, as a new employment, with no reference to the employment in the Netherlands etc.
All the above impact on the amount of service that would apply in the event of a redundancy.


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## DellaB (16 Nov 2013)

Thanks again. I think I need to go back to HR again, the lady I spoke to was quite vague so I will try talking to someone else. I am on a permanent contract here and would be on permanent contract in Ireland but I'm not sure if it would be a brand new employment or a continuation. So need to get confirmation on that before I proceed any further.


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## Guinea pig (17 Nov 2013)

Enquire with HR would your move constitute 'a break in service'.


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## Macstuff (20 Nov 2013)

AFAIK, it depends on your new contract - it's on a case by case basis. 
I worked for a multinational and know of a case where a person left Ireland to work overseas. He had to resign from the Irish company and sign a new contract with the company in his new location. As a result his salary, pension entitlements etc. all changed and his entitlement to redundancy would have been based on the length of service in his new company. 
It seems to vary from company to company. You need to check this out and get a written response from your HR contact on this.


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