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Thursday, November 27, 2008
Can my employer reduce my wages?
Q: My employer has told me that he is changing my conditions of employment by reducing my wages. Is he allowed to do this?
A: If you work for an employer for a regular wage, then you have a contract of employment with your employer, whether it is written or not.
Certain terms of your employment including your rate of pay and your hours of work must be given to you in writing by your employer within two months of starting work.
Your employer cannot make changes to your contract of employment without your agreement, unless your contract already allows for such changes. If there are changes in the law that require your contract to be amended then you and your employer must comply with these.
If there is agreement between you and your employer to change the contract, then you must be given details in writing within one month of the changes coming into effect.
In some cases, change could come about by implication rather than by formal agreement. If, for example, you start work earlier at the request of your employer and continue with this new start time, this could be taken to mean that there has been an implied change in the contract.
If your employer makes a significant change to your contract which you do not accept, you should first raise the issue with your employer and maybe also your trade union if you are a member. If you cannot resolve the matter you may refer the dispute to a Rights Commissioner. You can contact the Rights Commissioner service at the Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4, Tel: (01) 613 6700, Lo-call: 1890 220 227.
You may feel you have no choice but to leave the job and claim unfair dismissal. If you are forced to leave the job by the actions of your employer it is known as constructive dismissal. It is advisable to seek legal advice before taking this course of action as you may later need to prove that you left as a last resort having used all available means to resolve the problem.
Further information is available from the Citizens Information Centre below.
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