Thanks for this, will be printing this out tomorrow and presenting under my manager and reps nose who are under the impression they can put me back to part time with 2 weeks notice even though I have been temp full time for just under 3 years, my manager stated that as I'm on a fixed term contract none of these rules apply is this true?rogersh wrote:Edited agreement with "conditions" i.e.exceptional circumstances. LEGALLY BINDING.POSTMAN wrote:Four years is THE LAW two years is the agreement between the CWU and Royal Mail.rogersh wrote:
Therefore two years, if not before. Seems clear,only exceptional circumstances would prevent this, where is FOUR years stated ?
I am one of forty staff given a permanent contract on completing two years service this month.
Royal Mail welched on the agreement and after a lot of toing and froing the agreement was put back (what has been quoted above) but with conditions.
The crux of it is,if the reps are on the ball you could be ok depending on the circumstances,if they are not,you will be forgotten.
Section Three – Legal Protections (EDIT)
1. Introduction
The purpose of this section of the Agreement is to set out the legally binding undertakings the Employer is providing to CWU on the following:-
2. Legally Binding Undertakings by the Employer to the Union
The Employer gives the following legally binding undertakings to the Union subject to paragraphs 3 to 7:-
2.7.6 Employees will not be employed on a temporary contract exceeding two years unless it has been agreed by the Employer and the Union that there are very exceptional circumstances. The position of temporary contract Employees will be kept under regular review, with a view to converting to permanent contracts where and when possible.
7 Exceptional Circumstances
7.1 The Employer shall be entitled to notify the CWU at any time that any of the Protections will no longer continue, if any of the following exceptional circumstances apply:
a) if Royal Mail ceases to be the designated Universal Service provider;
b) in circumstances where, the Employer believes on reasonable grounds that continuing the Protection concerned would, or would be likely to, place the company in breach of, or result in the Employer being unable to comply with, any legal or regulatory requirement;
c) in the event that the Employer believes on reasonable grounds that any part of the business to which a Protection applies has ceased to be, or is likely to cease being, financially sustainable;
d) in the event that the Employer believes on reasonable grounds that a significant event or series of events has occurred, or is likely to occur that has a material adverse effect, or is reasonably likely to have a materially adverse effect on: (i) the Employer’s business or prospects or (ii) the legal or regulatory basis on which the Employer operates (including but not limited to the Employer's position as the sole Universal Service Provider); or
e) if there is national-scale industrial action (in the form of a strike or action short of a strike) which has been authorised at national level by the CWU, namely industrial action which either (i) involves employees in the majority of operational workplaces across Royal Mail Group Limited; or (ii) involves employees in an integral part of the operation whereby taking action will have, or is reasonably likely to have, a similarly disruptive effect.
7.2 If paragraphs 7.1 (b) and/or 7.1(c) apply to one part of the Company’s business but not to another, the Company’s right to serve notice under paragraph 7.1 shall apply only to the part of the business to which paragraphs 7.1 (b) and/or 7.1(c) apply.
7.3 In the circumstances referred to in paragraph 7.1, the Employer must give notice to the CWU at least one month before the relevant Protection terminates (unless, in the reasonable opinion of the Employer, it is not reasonably practicable to do so) and specify why it is being given and to which of the Protections it applies.
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Due a 2 year contract get suspended same week
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davidkail27
- Posts: 3
- Joined: 26 Jul 2012, 14:35
- Gender: Male
Re: Due a 2 year contract get suspended same week
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rogersh
- MAIL CENTRES/PROCESSING
- Posts: 1374
- Joined: 26 Oct 2011, 11:31
- Gender: Male
Re: Due a 2 year contract get suspended same week
From legal agreement agenda for growth;davidkail27 wrote:Thanks for this, will be printing this out tomorrow and presenting under my manager and reps nose who are under the impression they can put me back to part time with 2 weeks notice even though I have been temp full time for just under 3 years, my manager stated that as I'm on a fixed term contract none of these rules apply is this true?rogersh wrote:Edited agreement with "conditions" i.e.exceptional circumstances. LEGALLY BINDING.POSTMAN wrote:Four years is THE LAW two years is the agreement between the CWU and Royal Mail.rogersh wrote:
Therefore two years, if not before. Seems clear,only exceptional circumstances would prevent this, where is FOUR years stated ?
I am one of forty staff given a permanent contract on completing two years service this month.
Royal Mail welched on the agreement and after a lot of toing and froing the agreement was put back (what has been quoted above) but with conditions.
The crux of it is,if the reps are on the ball you could be ok depending on the circumstances,if they are not,you will be forgotten.
Section Three – Legal Protections (EDIT)
1. Introduction
The purpose of this section of the Agreement is to set out the legally binding undertakings the Employer is providing to CWU on the following:-
2. Legally Binding Undertakings by the Employer to the Union
The Employer gives the following legally binding undertakings to the Union subject to paragraphs 3 to 7:-
2.7.6 Employees will not be employed on a temporary contract exceeding two years unless it has been agreed by the Employer and the Union that there are very exceptional circumstances. The position of temporary contract Employees will be kept under regular review, with a view to converting to permanent contracts where and when possible.
7 Exceptional Circumstances
7.1 The Employer shall be entitled to notify the CWU at any time that any of the Protections will no longer continue, if any of the following exceptional circumstances apply:
a) if Royal Mail ceases to be the designated Universal Service provider;
b) in circumstances where, the Employer believes on reasonable grounds that continuing the Protection concerned would, or would be likely to, place the company in breach of, or result in the Employer being unable to comply with, any legal or regulatory requirement;
c) in the event that the Employer believes on reasonable grounds that any part of the business to which a Protection applies has ceased to be, or is likely to cease being, financially sustainable;
d) in the event that the Employer believes on reasonable grounds that a significant event or series of events has occurred, or is likely to occur that has a material adverse effect, or is reasonably likely to have a materially adverse effect on: (i) the Employer’s business or prospects or (ii) the legal or regulatory basis on which the Employer operates (including but not limited to the Employer's position as the sole Universal Service Provider); or
e) if there is national-scale industrial action (in the form of a strike or action short of a strike) which has been authorised at national level by the CWU, namely industrial action which either (i) involves employees in the majority of operational workplaces across Royal Mail Group Limited; or (ii) involves employees in an integral part of the operation whereby taking action will have, or is reasonably likely to have, a similarly disruptive effect.
7.2 If paragraphs 7.1 (b) and/or 7.1(c) apply to one part of the Company’s business but not to another, the Company’s right to serve notice under paragraph 7.1 shall apply only to the part of the business to which paragraphs 7.1 (b) and/or 7.1(c) apply.
7.3 In the circumstances referred to in paragraph 7.1, the Employer must give notice to the CWU at least one month before the relevant Protection terminates (unless, in the reasonable opinion of the Employer, it is not reasonably practicable to do so) and specify why it is being given and to which of the Protections it applies.
3.1.4 The Company will not engage any new Employee after the date of this
Agreement on terms and conditions which are in any material respect
inferior to the terms and conditions of employment of existing
equivalent Employees of the same grade who are working to the same
job description immediately before the engagement...
3.1.7 The terms of the Job Security, Resourcing and Managing Change
Agreement shall remain in force with relevant provisions amended as
follows:
(A) The overarching objective will be for the Company to deliver
all future change without recourse to compulsory
redundancy. To maintain this commitment, employees will
need to be flexible and adaptable when considering
reasonable and suitable alternative jobs and work locations.
(B) Full time Employees will remain full time unless they
volunteer to move to part time hours. Part time Employees
will be entitled to retain their existing contractual hours if
they wish.
(C) Employees will be employed on permanent contracts, except
where there is a genuine short term need identified by the
Company after consultation with the CWU.
I was employed on a temporary contract (3 month fixed term, part time) for two years. I & others were then given a permanent (long term) contracts.
However approx 25 of the others who were full time were given the permanent contract only if they reduced their hours to 30, or the option to continue full time on a temporary contract !!
I believe you have the same rights permanent & temporary contract as you would being full or part time.
Perhaps the union rep could clarify this & by default that you should have been given a permanent contract after two years.
TUC; Fixed term employees – your rights at work
The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations create important job security rights for fixed term employees.
Where you are employed on a succession of fixed-term contracts and your contract is renewed after 4 years in employment you will become a permanent employee, unless your employer can objectively justify not making you permanent. Employers will, however, need a very good reason for not to making you permanent after 4 successive years. The fact that your employment is externally funded will not be a sufficient reason.
Employers can agree with unions (or elected workplace representatives if a union is not recognised in your workplace) a different period of time after which fixed term employees will become permanent in your workplace. Collective agreements (or workplace agreements) can also limit the use of successive contracts and set a list of reasons to justify renewals of fixed-term contracts.
As a fixed term employee you also have the right to receive information on permanent vacancies within the organisation.
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BingBong
- EX ROYAL MAIL
- Posts: 755
- Joined: 12 May 2011, 12:36
- Gender: Female
- Location: the north
Re: Due a 2 year contract get suspended same week
test letters in a box? ive heard of big yellow cards being put into boxes that you can visibly see in the box and you give them to the dom at the HUB. but an actual letter? once youve put that letter in a sack and put the sack in at the HUB it aint your problem?
smells fishy.
smells fishy.
Toon Army!
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TrueBlueTerrier
- FORUM ADMINISTRATOR
- Posts: 72660
- Joined: 30 Dec 2006, 10:29
- Gender: Male
- Location: On my couch
Re: Due a 2 year contract get suspended same week
BingBong wrote:test letters in a box? ive heard of big yellow cards being put into boxes that you can visibly see in the box and you give them to the dom at the HUB. but an actual letter? once youve put that letter in a sack and put the sack in at the HUB it aint your problem?
smells fishy.
We have both types here, letters and in our case Pink or Blue cards. The letters go to random customers who then reply to them, the cards we hand back to the manager.
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