Changing a Contract of Employment in Ireland

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http://EmploymentRightsIreland.com Changing an employment contract in Ireland can be fraught with dangers for employers as there are a wide range of employment law in Ireland to be dealt with..

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Changing a Contract of Employment in Ireland

  1. 1. Changing a contract of employment Employment law in Ireland http://EmploymentRightsIreland.com
  2. 2. Principal rule• The contract of employment, like any contract, cannot be changed unilaterally• Agreement of both parties is critical http://EmploymentRightsIreland.com
  3. 3. Work practice or change of term?• Important to recognise whether the proposed change is a change of a term of the contract..• Or a change of work practice• Work practice change is permissible• Difficulty in knowing what is a work practice and what is a term of the contract http://EmploymentRightsIreland.com
  4. 4. Contractual right to vary• Most contracts will contain a contractual right to vary the contract• However this right can only be exercised “reasonably”• Test is whether the change is reasonable and necessary http://EmploymentRightsIreland.com
  5. 5. Trade unions• Trade unions can negotiate change on behalf of their members• However if employees make it clear they will not be bound by the change, they won’t be bound http://EmploymentRightsIreland.com
  6. 6. Co-operation or acquiescence• An employee can be held to have acquiesced if he/she does not object to the change• However he/she can argue he/she was merely being co-operative• Notice before the change from the employer is key http://EmploymentRightsIreland.com
  7. 7. Employment problems for employers• Employers can be badly caught by claims from employees and ..• NERA inspections http://EmploymentRightsIreland.com
  8. 8. Free employment law report• Visit http://EmploymentRightsIreland.com for more free information for employers and employees about employment rights in Ireland. http://EmploymentRightsIreland.com
  9. 9. FREE• The report is free-no obligation• Any queries about• Employment contracts• Staff handbooks• Disciplinary procedures• Grievance procedures• Contact info@businessandlegal.ie http://EmploymentRightsIreland.com

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