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Was the old policy detailed in your contract of employment? If so did they negotiate a new contract of employment with you covering the new policy? If they did not then they cannot alter the terms & conditions of your contract of employment as far as I know.Sasha said:Now, with only a few weeks to go for me, they have changed their policy (effective immediately), adding the clause that you have to return to work for 6 months following your maternity leave or reimburse the amount of their contribution to them.
Sounds to me like you don't really have any comeback on this so. However check with a solicitor if in doubt.Sasha said:Checked my contract last night, it actually makes no reference to Maternity Policy or any other company policy at all. Reference is made to sick leave but that's it really.
If you are not maximising your SSIA contributions then you could use the employer maternity payments to maximise these and gain the benefit of the top-up and then repay them when the SSIA matures.As such their contribution would be of no use to me during my leave.
That's strange logic. The benifit only directly affects women so logically the removal of it only directly affects them as well.There could be an equality angle here if it can be shown that this change in policy only affects women.
I'm curious about that too!ajapale said:How do the company propose to enforce the reimbursement? If they attempt to deduct from your wages with out your agreement they might be in breach of regulations.
Me neither - i.e. I can't see how this could possibly be an equality issue.That's strange logic. The benifit only directly affects women so logically the removal of it only directly affects them as well.
I can't see the problem with the companys positon on this.
Binomial said:Your CONTRACT OF EMPLOYMENT
Must include:
Method of calculation of remuneration
Payment intervals
Hours of work / overtime requirements
Details of rest periods and breaks
Holidays / paid leave
Sick pay / pensions (when applicable)
Notice requirements
Reference to collective agreements
BiNomial
Anyone who works for an employer in Ireland for a regular wage or salary automatically has a contract of employment, regardless of whether it is written or not.
The contract will include some or all of the following elements (regardless of whether the employer and employee have specified them or not):In addition, custom and practice in a particular workplace may form part of a contract. An example would be a particular level of overtime pay for employees.
- The terms that the courts say are in every contract of employment. Examples include the duty of every employer to provide a safe workplace and the duty of every employee to carry out the job to the best of his/her ability. This part of the contract is occasionally referred to as "common law".
- Terms that must be part of the contract as a result of laws passed by the . Examples include the right to take . Such terms are part of the contract even if the employer and employee do not specifically include them and replace any agreement between the employer and employee not to apply the particular law. So, the statutory right to take maternity leave overrides any agreement between the employer and employee that the employee will not take maternity leave.
- Terms that the states must be in every contract, for example, the right of an employee to join a .
- Collective agreements
- Joint Labour Committee Regulations
- EU laws
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