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Employment Law/employment contract

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Question
hi,

my employer has recently asked for more flexibility for staff to work weekends (in a shop) and after reviewing the availability that colleagues have put forward it is still is not enough to cover the shifts they need.

we have now been told that we are going to be issued with new contracts of employment (which no doubt will state that we have to work these particular shifts in the terms and conditions) and that if we dont sign them our existing contracts will expire, hence dismissing staff that do not sign the new contracts. would this constitute constructive dismissal??

we have 19 staff and 14 are expected not to sign the new contracts. does this mean that we will then be in a redundancy situation and that those colleagues should recieve redundancy pay etc??

many thanks in advance.

Answer
I do not believe that refusal to sign a new contract because you do not agree with the hours in the schedule would constitute constructive dismissal. That would actually be for a tribunal to determine, however, since the contract is expiring and a new one needs to be signed it is at your option to sign it or to not sign it.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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