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Minimum wage problems

  • 20-06-2011 5:11pm
    #1
    Registered Users Posts: 13


    I work an overnight shift from 6pm until 11 am the following morning. Between the hours of 10pm and 8am I am paid "night time allowance". This only amounts to €75 over the ten hours...is this classified as less than minimum wage?
    I asked the company about it and they said that I am enititled to 2 hours break within this period so they are not paid hence why it looks under the minimum wage, however on these "breaks" I am not permitted to leave the premisis and must constantly be aware of what my clients are doing incase I am needed. Should I be paid for these "breaks" seeing as I am not allowed to leave the premisis even thou it says nothing about not being allowed to leave the premisis in my contract.

    Thanks


Comments

  • Registered Users Posts: 5,063 ✭✭✭Greenmachine


    If you are work 6pm to 11am that is 17 hours.

    How many days of this are you doing in a week.
    8 of those hours appear to be during the "Night time" rate.
    If you were paid for them at minimum wage of 7.65
    after 10 hours you would be entitled to 76.50
    Employers are not required to pay you for your break.
    Health and Safety reason would allow them to request you could stya on the premises i guess. Not so sure about the working part.


    after 8 hour you would be entitled to 61.20.

    My biggest concern would be around the long hours.
    Generally 12 hours is the max one should work in 24 hours

    Also from your wording it sounds like this is a premium paid on top of your normal rate. What is your normal hourly rate?


  • Registered Users Posts: 13 bogger09


    That answers my question so, if they dont have to pay me for the breaks then it works out alright. I'm usually paid €11 an hour however between 10 pm and 8 am I am only paid €75.

    Still just wondering on the pay for the breaks: if they wont let me leave the premisis for my break should they be paying me for the break as I would have thought that a break is my time to spend how I wish and if health and safety says I must remain on site then surely I should be paid or a person should be sent to relieve me?


  • Registered Users Posts: 1,799 ✭✭✭gerrycollins


    Is the €75 in additional to your wages


  • Registered Users Posts: 13 bogger09


    No the 75 is in lieu of wages


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