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..

Empresariales

Changing a contract of
employment
Employment law in Ireland

http://EmploymentRightsIreland.com

Principal rule
• The contract of employment, like any contract,
cannot be changed unilaterally
• Agreement of both parties is critical

http://EmploymentRightsIreland.com

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

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

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

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

Employment problems for employers
• Employers can be badly caught by claims from
employees and ..
• NERA inspections

http://EmploymentRightsIreland.com

Free employment law report
• Visit http://EmploymentRightsIreland.com for
more free information for employers and
employees about employment rights in
Ireland.

http://EmploymentRightsIreland.com

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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www.seribangash.com An Article of Association is a legal document that contains the rules, regulations, and guidelines for the internal management and operation of a company. It is one of the two key documents along with the Memorandum of Association that forms the company's constitution, outlining its structure and objectives. While the Memorandum of Association defines the company's external objectives and powers, the Article of Association deals with its internal affairs. https://seribangash.com/public-private-company-difference/ Here's a detailed note on the Article of Association: Contents: The Article of Association typically includes provisions regarding the rights and duties of shareholders, the appointment and removal of directors, the conduct of board and general meetings, the distribution of dividends, the issuance and transfer of shares, borrowing powers of the company, and any other matters relating to the administration and management of the company. Flexibility: Unlike the Memorandum of Association, which is relatively fixed and requires formal procedures to amend, the Article of Association can be amended more easily by passing a special resolution in a general meeting of shareholders. This flexibility allows companies to adapt their internal rules according to changing circumstances and requirements. https://seribangash.com/public-private-company-difference/ Standard Provisions: While companies have the flexibility to customize their Articles to suit their specific needs, certain standard provisions are commonly included, such as: Shareholders' rights and obligations: Including voting rights, procedures for convening meetings, and methods for appointing proxies. Directors' powers and responsibilities: Specifying the powers of the board of directors, procedures for appointment, retirement, and removal of directors, and rules for board meetings. Dividend policies: Outlining the procedures for declaring and distributing dividends to shareholders. Transfer of shares: Stipulating the process for transferring shares, including any restrictions or pre-emption rights. Borrowing powers: Defining the limits and conditions under which the company can borrow money. https://seribangash.com/public-private-company-difference/ Winding up procedures: Describing the procedures for voluntary or involuntary winding up of the company. Legal Requirement: In most jurisdictions, companies are required to have Articles of Association as part of their incorporation documents. These Articles must comply with the laws and regulations of the jurisdiction in which the company is registered. Public Accessibility: While the Memorandum of Association is a public document that anyone can access, the Article of Association is often kept as an internal document and may not be available for public inspection. Binding Nature: The provisions contained in the Article of Association are binding on the company, its shareholders, directors, and other officers.

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Changing a Contract of Employment in Ireland

1. Changing a contract of employment Employment law in Ireland http://EmploymentRightsIreland.com

2. Principal rule • The contract of employment, like any contract, cannot be changed unilaterally • Agreement of both parties is critical http://EmploymentRightsIreland.com

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. 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. 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. 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. Employment problems for employers • Employers can be badly caught by claims from employees and .. • NERA inspections http://EmploymentRightsIreland.com

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. 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

Changing a Contract of Employment in Ireland

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Changing a Contract of Employment in Ireland