Implied contracts - can they be avoided?
Discussion
mrs envy has just been offered a permanent employment contract which I've cast my eye over
in it there's a couple of clauses which I don't agree with - which essentially could mean that she could be forced to work 7 days a week
we've made very subtle amendments to it and have conceeded that she may have to work w/e's so have said that 6 would be a fair compromise, her boss (who I've worked with before) has flatly refused as said it's non-negotiable although they are very keen for her to stay (it's taken them 18 months to fill the position due to the skill set required)
if she doesn't sign but continues to work for the business I am aware that the contract will become implied but is there anything else that can be done?
in it there's a couple of clauses which I don't agree with - which essentially could mean that she could be forced to work 7 days a week
we've made very subtle amendments to it and have conceeded that she may have to work w/e's so have said that 6 would be a fair compromise, her boss (who I've worked with before) has flatly refused as said it's non-negotiable although they are very keen for her to stay (it's taken them 18 months to fill the position due to the skill set required)
if she doesn't sign but continues to work for the business I am aware that the contract will become implied but is there anything else that can be done?
Some of these clauses are actually un-enforceable in law so even though you are deemed to have accepted them by working even one day under the contract, the company can't enforce it. This may be one such clause.
For example, the contract implies that your wife will have to work 7 days a week. To do so every week of her working life would breach the working time regulations so the company cannot enforce it. However, if you do not accept the clause, you dont get the job. This is when it becomes unenforceable, even though you are deemed to have accepted it under normal circumstances.
Does that make any sense!
For example, the contract implies that your wife will have to work 7 days a week. To do so every week of her working life would breach the working time regulations so the company cannot enforce it. However, if you do not accept the clause, you dont get the job. This is when it becomes unenforceable, even though you are deemed to have accepted it under normal circumstances.
Does that make any sense!
Firefoot said:
For example, the contract implies that your wife will have to work 7 days a week. To do so every week of her working life would breach the working time regulations so the company cannot enforce it. However, if you do not accept the clause, you dont get the job. This is when it becomes unenforceable, even though you are deemed to have accepted it under normal circumstances.
the job is project based so her normal working days are Mon to Friwhilst she's not averse to having to work on w/e 7 days a week, at the pointy end of delivering a scheme it's a bit much in anyones book when you consider they are 14 hour days that they are working
so in effect she can sign the contract, work 5 or 6 days, oppose working the 7th day and the company cannot enforce the clause?
even if you sign away the working time regulations?
sleep envy said:
mrs envy has just been offered a permanent employment contract which I've cast my eye over
in it there's a couple of clauses which I don't agree with - which essentially could mean that she could be forced to work 7 days a week
we've made very subtle amendments to it and have conceeded that she may have to work w/e's so have said that 6 would be a fair compromise, her boss (who I've worked with before) has flatly refused as said it's non-negotiable although they are very keen for her to stay (it's taken them 18 months to fill the position due to the skill set required)
if she doesn't sign but continues to work for the business I am aware that the contract will become implied but is there anything else that can be done?
need a bit more detail, but in effect contracts cannot be enforced if they are "unreasonable". And expecting someone to work 7 days a week would, to any reasonable person, be unreasonable and therefore unenforceable.in it there's a couple of clauses which I don't agree with - which essentially could mean that she could be forced to work 7 days a week
we've made very subtle amendments to it and have conceeded that she may have to work w/e's so have said that 6 would be a fair compromise, her boss (who I've worked with before) has flatly refused as said it's non-negotiable although they are very keen for her to stay (it's taken them 18 months to fill the position due to the skill set required)
if she doesn't sign but continues to work for the business I am aware that the contract will become implied but is there anything else that can be done?
HTH
oh and move this to the right sub-fora please
sleep envy said:
Firefoot said:
so in effect she can sign the contract, work 5 or 6 days, oppose working the 7th day and the company cannot enforce the clause?
even if you sign away the working time regulations?
Difficult if an opt out has been signed but if it becomes a problem she can cancel the opt out at any time. Then an employer would have a problem enforcing anything that made her work more than 48 hours a week.even if you sign away the working time regulations?
siscar said:
sleep envy said:
so in effect she can sign the contract, work 5 or 6 days, oppose working the 7th day and the company cannot enforce the clause?
even if you sign away the working time regulations?
Difficult if an opt out has been signed but if it becomes a problem she can cancel the opt out at any time. Then an employer would have a problem enforcing anything that made her work more than 48 hours a week.even if you sign away the working time regulations?
the hours aren't the problem, it's seven day working that is
sleep envy said:
Odie said:
What they actually gonna do if she refuses to come in on a weekend?
knowing the 2 directors and the chairman that she reports to I've got a fairly good idea that they'll make her life hellIve had a few people try to "make my life hell" they dont last very long with the company.
Perception>Reality
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