Can I be made work Chrismas Day ???

MÓC

Can an employer do this,
have I got rights regarding this ????

I am getting double time and a day in lieu, but it really inconvenience me. I simply do not want to work chrismas day?

Can anyone advise ?

vibe666

did they give you any options at all?

just tell them you've made other plans (eating, drinking and being merry are plans aren't they?).

MÓC

Nobody wanted to do it so they pulled names out of a hat and basically told people they have to do it

BuffyBot

First thing - check your contract. Undoubtedly they'll have themselves covered by saying that you are required to work Bank Holidays (which is all Christmas Day is workwise)

Sleipnir

Christmas day is a public holiday, not a bank holiday.
Why in god's name do you have to work Christmas day, everywhere else is shut! I presume you're in banking or something that involves woring wth companies in the States or something.

Read your contract first of all. It will probably say
"You are entitles to 25 days annual leave in addition to public holidays"
but may also say
"you will be expected to work extra hours in addition to your standard working day should the need arise"

You could, however, argue that working Christmas day is not "in addition to your standard working day

As far as I know, you do not HAVE to work Christmas day if you don't want to. The employer can offer an alternative (in your case time and a half and a day in lieu) but (again as far as I know) you are not required to take it.

Also, time and a half is a joke for Christmas day. If they really do want you to work Christmas day, ask for double time at least.
You're basically selling your place of employment a day of your time. THey should make it worth your while.

Have a look here for further info
Oasis

Yavvy

I ahev worked CS jobs on christmas day several times Was always paid triple or double. also workign christmas day is cool....that is if you hate the stupid holiday like I do

but yes. you can be made work...im sure its in your contract that you have to work if they give reasonable notice.

seamus

Demand more than double or triple time. Most places I know give triple time and a cash bonus for working Christmas day. Depending on when you're working, and what kind of work you do, I would demand at least €300 for an 8 hour day shift or €200 for an 8 hour evening shift (on top of triple pay).

If not, just ring in sick. They can demand all they like, but you're entitled to just ring in sick.

yellum

Just read page 16 of the Guide to Labour Law which states that the employer can ask you to work Christmas day but has to give you another day off within a month or an extra day of holidays or an extra days pay.

Thats the minimum you get.

EDIT: www.entemp.ie has the guide available to download.

Sleipnir

Originally posted by yellum
Just read page 16 of the Guide to Labour Law which states that the employer can ask you to work Christmas day but has to give you another day off within a month or an extra day of holidays or an extra days pay.

Thats the minimum you get.

EDIT: www.entemp.ie has the guide available to download.

Yeah but does it just say that the employer can ask you to work? i.e. You can be asked but not made to work Christmas day? If you get my drift?

vibe666

it's only six weeks away (sorry for bringing that up, least i didnt count the shopping days:p) so I don't know if that's reasonable or not.

personally, I'd tell them to stick it.

last year, i was told I would have to work stephens day and new years eve, but i told them I was going away and couldn't.

their reply was, you're rostered to come in, so you'll have to do it.

my reply was, that i was going up to stay with my g/f's family xmas eve on the bus, and then the day after stephens day i was flying to tenerife, so they were welcome to demand i come in, but since i would be out of the country, and it had been arranged for 6 months it wouldn't do them much good.

when they saw how serious i was and that i wouldn't back down they didn't have much choice.

in the ned I agreed to work xmas morning till 3.30pm and that was my lot for the whole xmas period.

it did help that i'd already booked the holidays off, but i don't klnow if it will work in your case.

i'd say you'll have a better chance though if you make it a case of 'you can't' rather than 'you won't'.

Gillie

I've been working for ten years now in various jobs.

In that time i've had 2 Christmas days off.

I was asked to work them not told in one case and two years ago it was simply my turn (oncall support role -IT).

Pulling a name out of a hat is bullsh*t. If your working Xmas day then your company (whatever) is probably working New years eve/day? Has someone else been pulled out of a hat for these days?

If you don't mind me asking what do you work at?

Anyway! If you must make sure you get the right money (Double Time at least) and day off.

DaithiSurfer

Acouple of days before christmas: 'Oh dear i have such a sore throat and a headache coming on.'

Your last day working before christmas : 'Cough a lot and act like a soldier for coming in when you are so miserable'

Christmas morning : 'Oh im so sick today a bit of a bug going around the house. Sorry i cant come in. bye.'

But whatever ou do, don't even let on that you're pissed off about working on christmas day or they'll know you'e bull****ting them.

yellum

Originally posted by Kananga
Yeah but does it just say that the employer can ask you to work? i.e. You can be asked but not made to work Christmas day? If you get my drift?

When I say asked I meant asked as a polite form of being told.

Sleipnir

Originally posted by yellum
When I say asked I meant asked as a polite form of being told.

Oh. that kind of 'request'

jesus_thats_gre

Where I work, they are offering triple time as well as 160 euro on top of that for a 8 hour shift...

Blitzkrieger

Originally posted by MÓC
Nobody wanted to do it so they pulled names out of a hat and basically told people they have to do it

Rofl - they did they exact same thing where I work. Come to think of it.......Bryan?

Originally posted by Gilly2003
Pulling a name out of a hat is bullsh*t. If your working Xmas day then your company (whatever) is probably working New years eve/day? Has someone else been pulled out of a hat for these days?

Where I work the opposite shift (to the one that has to work xmas) has to work new year's eve, but we'll probably get out of there about 6pm. It was probably rostered that way at the start of the year. It's looking sweet for me. I've 4 days off after xmas eve, I'll probably be able to leave early new year's eve and take new year's day as a holiday. Next year then, it looks like I'll have Paddy's day off.

I'm thinking of offering to go in for a half shift.....if they offer enough. Dinner in my house is late enough in the day and I wouldn't mind the triple time, or more. People demanded thousands to work the millenium and that was pounds. It wasn't even a religious holiday. Was it even a bank holiday? You should get loads for Christmas day.

I've never worked xmas myself, but a guy was telling me how a company he used to word for forced them to work. There was such a row over it, they had to relent and only make them do a half day. Everybody was so pissed off, they did no work anyway.

embee

Boss : You are working Xmas day.
Skivvy : No, Im not. Ive made plans since Halloween. Find another muppet.


What job do you do that requires you to work christmas day anyway?

Although, having said that, Xmas day is the busiest day of the year for Vodafone and O2... my ma works for the former and she has said the call centre is crazy busy on that day....

also.... pulling names out of a hat is pure crap... if you werent rostered to work it they CANNOT "basically tell you that you have to work it"

seamus

Originally posted by embee
Although, having said that, Xmas day is the busiest day of the year for Vodafone and O2... my ma works for the former and she has said the call centre is crazy busy on that day....

Yep, cos all the kiddies who got Ready to go phones for christmas, have nothing better to do than torment the poor souls in customer services on Christmas Day.

The same is true I suppose for any company that sells christmas-present type tech products.

KdjaCL

Answer is actually in the 1st post

I am getting double time

erog overtime.

Overtime is optional no matter what.

If you temp in anyway and dont work it prolly best to look for a new job

But unless they show up at your house with a van some pick axe handles and a group of large men ,they cant force you to work it ,they can guilt trip you (that works on some people) they can threaten your job (illegal but can be done in a way that is legal) or offer stupid amounts of money.

But MOC isnt your long lost <insert made up close family member here> coming over form Venuzuela for one xmas only and you never see them again ?





kdjac

Victor

Just like overtime, businesses will have Christmas and the like built into contracts. It's largely down to the contract, but in theory anyone can be asked to work Christmas (unless there is a tradition of not working Christmas and the employees can claim legitimate expectation).

However, Christmas Day in many places tends to be a doss anyway.

Make sure they lay on travel and food.

pebble

Originally posted by embee


also.... pulling names out of a hat is pure crap... if you werent rostered to work it they CANNOT "basically tell you that you have to work it"

Yes and No.

If there is a need for work on Christmas day (and all it is is another public holiday) then as long as everyone agrees to the method to pick those who are working, it is a legitamate method of selection.

Although normally...
Christmas day and other public holidays are often rostered with a view to 'people take turns'. You will probably find that 99% of peoples contracts indicates that the company can make someone work Holidays and weekends etc with the view to days given in lieu and/or overtime pay.

So yes, the company can make you work on a public holiday, but they do have to compensate you (unless youare stupid enough to sign a contract that says otherwise)