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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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I am working in a job for 10 years and I have been told to

Resolved Question:

I am working in a job for 10 years and I have been told to do other similar work for another company at the same address. The companys are separate entities with the same shareholders. I have not agreed to any changes, but find myself forced to do the work they have been put on me and my workload has increased 4 fold? What options do I have?
Submitted: 10 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 10 months ago.

Buachaill :

1. At the outset, the transfer of your employment contract from one company to another company on the same terms & conditions at the same work address does not create a redundancy situation in law. Accordingly, if you resign your position, you will not be entitled to redundancy, nor will you be able to claim unemployment assistance from the state if subsequently unemployed. As I see it, your main cause for complaint is that your work level has increased fourfold. Here, you are best off utilise any internal grievance procedure provided by your employment contract. There is no obligation placed on an employee to do work beyond that provided for in their employment contract, nor is there any obligation to do any work beyond their allotted hours. However, if the fact is that you were previously underemployed, I regret to say that you cannot complain if you are merely being obliged to fulfil your contractual obligations. Ultimately, if you do not get satisfaction at company level, you may make a complaint to a Rights Commissioner concerning the work levels.

Buachaill :

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Customer:

Hi Buachaill,

Customer:

I am still with contract with the original company, I have no contract with the new company, no email address, no affiliation at all, but they want me to do the work of the other company as well as my own work with the company I am currently employed for the last 10 years.

Customer:

Also the way they are describing my role is lesser than with the original company as to belittle the work, but infact it is a mountain of an undertaking.

Customer:

Hi Buachaill, If I am not clear , please let me know. I am planning to take this up with management and I need to know my standing.Much appreciated

Buachaill :

2. If there has been no transfer of your employment contract, then your legal situation is still the same. You still work for your employer and you have an obligation of loyalty to carry out the tasks asked. In law it does not matter that you are doing work of the other company. This sort of arrangement is very common, for example, among shipping companies, where an employee is employed by one company but works on board another company's ship. This does not lessen your duty to do your work, or to do the work assigned to you. Secondly, so long as your job title has not changed, then the manner of describing your role is not legally important. If you can say that there has been a change in your job terms & conditions, such as your hours or pay, or benefits, then you can make a complaint to a Rights Commissioner. However, the fact you may have a lot of work to do is not of itself a grounds of complaint provided your terms & conditions have not been altered.

Buachaill :

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Buachaill, Lawyer
Satisfied Customers: 8295
Experience: Barrister 17 years experience
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