No contract- in same job for 25 years

C

Commanna girl

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I would appreciate any advice regarding the complaint process WRC. My husband has been working in a company for 25 years and has never been given a contract. I suppose when he started in his role, things were relaxed from a HR perspective. His role has changed over the years as the company expanded and he has a greater work load and responsibility. He has asked for a job description and contract that reflects his role and a pay increase and has e-mails showing his request which go back a number of years.

His employers have never come back to him with a contract or job description. They did give him a .30 cent increase the last time he approached them! In early January this year, he had another meeting where he asked for a contract again and a review of his salary due to his increased workload. They asked him to forward an outline of his current duties which he did and he requested they revert to him by the end of the month. There has been no mention of his request and Friday is January 31st.

He has decided to make a complaint to the WRC concerning absence of contract. His issues are 1. no contract 2. no agreement on his role/job description 3. rate of pay does not adequately reflect his role. We understand the process involved as outlined on the WRC website and the rate of pay issue may not come under their remit.

My question is will it be worth going down this road. Relations are going to turn sour once the employer is notified of the complaint. What can my husband expect to gain from making a complaint? Is the Labour Court the next step if a complaint is upheld?

We still have years of our mortgage to pay and two children in third level education therefore need two wages coming in but absolutely not at the risk of my husband's health. His ideal outcome would be to be made redundant (25 years of service) and walk away from this job.

I appreciate any feedback on the complaint process with the WRC or feedback about employee rights when there is no contract in place. Many thanks
 
Hi Premos. I don't think that redundancy is a possible outcome as a result of a complaint to the WRC- my comment was that in an ideal situation, if he was to be made redundant, he could walk away from what he now views as a toxic work environment with some money that would reflect his years of service. It would give him time to look for another job etc. I understand that there are specific requirements/situations to redundancy
 
I do not see what you will achieve from going to the WRC other than souring relations with your employer.

Why does he need a contract? If there is any dispute, then any ruling will be in his favour due to the absence of a contract. If they want to retire him at 65, well it's not in the contract, so they would have great difficulty.

Why does he want a job description? He knows what he does and his employer does as well. Again, if he is asked to make tea for the receptionist, and he does not want to do so, he can challenge that with or without a contract.

Commanna girl said:
3. rate of pay does not adequately reflect his role. We understand the process involved as outlined on the WRC website and the rate of pay issue may not come under their remit.
Click to expand...

The solution to being underpaid is to leave the company and get a better paid job elsewhere.

If he is being paid less because of his sexual orientation, religious beliefs or racial origins, then he might well have a case for the WRC. But you have not mentioned this.

But I assume you can't go to the WRC and say you think you deserve more because you have been there for 25 years. They won't waste any time on this.
 
Ok, so that is the ideal situation, leaving with some money. Unlikely to happen though. He works there for 25 years so over the years he got pay increase
I would presume. When was the one before that? Things seem difficult for him but clearly there's some confusion on what is happening and what could happen. A pay rise or a contract will not change the fact that he works in a environment described as toxic that is affecting is health. I would look for another job.
 
Correct Brendan- but slightly different, as at that time, a part of his role was being outsourced - that all fell apart and all of his duties were re-instated - I don't think at that stage that he was on the verge of going to the WRC.

Apologies if it appears that I am repeating my question but the situation has raised its head again and my question this time revolved around the process of making a complaint to the WRC. I certainly did not intend wasting any readers time!
 
You have no legal entitlement to a contract but you have a legal entitlement to terms and condition. Worth having a read here

Contract of employment

The law specifies that contracts of employment must contain certain details, and your employer must give you your terms of employment in writing.
www.citizensinformation.ie www.citizensinformation.ie
 
Okay, that's legal so. He might be better off seeking alternative employment. Maybe a remote book-keeping position that pays a bit more. Also, with a competing offer in hand the current employer might be willing to put more on the table.
 
I had a similar situation re looking for a pay increase increase after my workload increased significantly. I was asked to make a business case for an increase which I did. Thinking about it now a business case wasn’t appropriate considering that I was a junior member of staff. I had over 20 years experience in my field.
I was strung along for eight months and then the increase was refused. I left very quickly afterwards.
Talking to people after I realised that you need to move companies to get any kind of pay increase so I’d encourage your husband to do the same.
 
He’s entitled to a contract which should contain details of the company’s grievance process. This would ordinarily be the route through which the issue should be progressed in the first instance.

The company is clearly at fault for failing to provide a contract, particularly so for failing to respond to related requests. If your husband makes a complaint to the WRC on this aspect, he is likely to be successful and to have an award made in his favour.

This may be an acceptable course of action if your husband is leaving anyway but, if he’s not, it is likely to result in a very uncomfortable work environment.
 
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If he is only making slightly over minimum wage then he is better off looking for a new position that reflects his skills (all those added responsibilities) than holding out hope of a redundancy payout. He should be able to gain a better paid job elsewhere.

What his current workplace is doing is not right, he does need to have the terms of his pay and work hours and holidays etc laid out in writing but his company seems not to want to do that for whatever reason. He should point out to them very clearly that they are not following these requirements and follow all internal complaint pathways before going to the labour court. Could he join a union? That might help.
 
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