Sunday pay

kickthedog

Are part time workers entitled to double pay on Sundays like full time workers?

One other thing, if you're rostered to work a seven hour shift, you get all your work done in six and your employer says you can leave, are you entitled to the full seven hours pay or just six. This happened to a friend of mine the other day. He hasn't got his weekly pay yet and wanted to stay for the last hour.

center15

On a Sunday you are entitled to get extra pay per hour but it does not have to be double time. Taken from oasis.gov.ie

Unless your contract provides otherwise your 24 hour rest period referred to above should include a Sunday.

In addition, with regard to pay, unless already included in the determination of an your pay, your employer must give you one or more of the following for Sunday working, etc:

* A reasonable allowance
* A reasonable pay increase
* Reasonable paid time off work

fletch

Here's a quote from the Organisation of Working Time Act that may clear things up for you

Organisation of Working Time Act wrote:

If not already included in the rate of pay, employees are
entitled to supplementary payment for Sunday which will be
equivalent to the closest applicable collective agreement
which applies to the same or similar employment and which
provides for a Sunday premium.
The premium can be in the form of:
• added payment
• time off in lieu
• a portion of shift premium
• unsocial hours premium.

rubadub

So the employer can simply pay you 1cent extra and deem it reasonable?

fletch

rubadub wrote:

So the employer can simply pay you 1cent extra and deem it reasonable?

"Technically" yes

Kinetic^

When in college I used to get time & a third for sunday.

Little-Devil

As i far as i know, your not intitled to double unless your full-time and you nahve to be working in the company for a certain period of time. IF your manager told you to leave 1 hour early then you are entitled to that extra as your employed to wrok so many hour a week which would be in a contract you signed or agreed to.

center15

So the employer can simply pay you 1cent extra and deem it reasonable?

They might deem it reasonable but the rights commissioners won't, I'd imagine reasonable would be at least time and a third


*edited for errors

bpmurray

Actually, if your normal work week includes a Sunday, then you don't get anything extra. In other words, you're entitled to a day off, which is normally a Sunday, but certainly doesn't have to be. Only if you're working exceptionally on a Sunday can you expect extra.

center15

Actually, if your normal work week includes a Sunday, then you don't get anything extra. In other words, you're entitled to a day off, which is normally a Sunday, but certainly doesn't have to be. Only if you're working exceptionally on a Sunday can you expect extra.

As far as I know this isnt true if you are working a sunday you must be paid extra unless in your contract it doesn't matter if it's your normal day of work. I know this myself as I work part-time every sunday

rubadub

center15 wrote:

No they can't they might deem it reasonable but the rights commissioners won't, I'd imagine reasonable would be at least time and a third

this is what I hate about these vague laws. If it really is time +1/3 then why not have somebody officially state that as the minimum and save court time and general arguments.

Random

If full timers are getting double time on Sundays, part timers are entitled to it aswell. The employer can't discriminate based on you being a part timer.

Kappar

I worked in a large retail shop and none of the staff were paid a Sunday premium. I was part-time. I asked the question on this forum and was told by most people that I wasn't entitled to it. But I looked into it myself and I took a claim to the Rights Commissioners alleging breach of S14(1) of the Organisation of Working Time Act (if i remember right) and got my back pay and all the staff got theirs too.

You can not forced to work Sunday in your contract but you must be paid a premium for it.

rainbow kirby

I know one shop that gives time and a fifth on Sundays... I get time and a half.

Litcagral

bpmurray wrote:

Actually, if your normal work week includes a Sunday, then you don't get anything extra. In other words, you're entitled to a day off, which is normally a Sunday, but certainly doesn't have to be. Only if you're working exceptionally on a Sunday can you expect extra.

Yes, this is the correct interpretation. If an employee works e.g. five 8 hour shifts over 7 days, the employer is not obliged to pay extra for a Sunday (although most do). However, the employer is obliged to pay a premium for working on a bank holiday.

Lump

I don't get any extra for a sunday.... then again I'm on the worst contract ever, cause I'm getting "Training"

John

Litcagral

Kappar wrote:

I worked in a large retail shop and none of the staff were paid a Sunday premium. I was part-time. I asked the question on this forum and was told by most people that I wasn't entitled to it. But I looked into it myself and I took a claim to the Rights Commissioners alleging breach of S14(1) of the Organisation of Working Time Act (if i remember right) and got my back pay and all the staff got theirs too.

You can not forced to work Sunday in your contract but you must be paid a premium for it.

It depends on what way you are rostered. If you got back pay you must not have got a day off in lieu for working on Sunday. In that case it's a different matter.

Re Working on Sunday in Contract - In many occupations, employees are obliged to work on Sundays. What about the people who provide essential services or the private industries in which it would be uneconomical to close for a day.

Kappar

Litcagral wrote:

It depends on what way you are rostered. If you got back pay you must not have got a day off in lieu for working on Sunday. In that case it's a different matter.

14.—(1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely—

( a ) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or
( b ) by otherwise increasing the employee's rate of pay by such an amount as is reasonable having regard to all the circumstances, or
( c ) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or
( d ) by a combination of two or more of the means referred to in the preceding paragraphs.

This mentions nothing about just getting another day off instead.

Litcagral

Kappar wrote:

This mentions nothing about just getting another day off instead.

Part (c) or your quote does!



Also:


Organisation of Working Time Act 1997 (from explanatory booklet)


Sunday premium
If not already included in the rate of pay, employees are entitled to supplementary payment for Sunday which will be equivalent to the closest applicable collective agreement which applies to the same or similar employment and which provides for a Sunday premium.

The premium can be in the form of:

• added payment
• time off in lieu
• a portion of shift premium
• unsocial hours premium.


"The premium can be in the form of time off in lieu".


I'm involved in Trade Union activity in my workplace. From attending workshops etc. over the years I know that the employer is not obliged to pay any extra for working a Sunday provided other circumstances are met (although most do). AFAIK however the employer is required to pay a premium for working a Bank Holiday regardless of the other circumstances.

Kappar

OK you're are probobly right, you know more about this than me. I always understood that it meantt that if you worked on a sunday they couldn't just say your day off is now tuesday but had to give you a day off and pay to for that day off surly if this was right employers would rather give you extra pay for working on the sunday.

Litcagral

Kappar wrote:

OK you're are probobly right, you know more about this than me. I always understood that it meantt that if you worked on a sunday they couldn't just say your day off is now tuesday but had to give you a day off and pay to for that day off surly if this was right employers would rather give you extra pay for working on the sunday.

I presume, Kappar, that it would be more economical for them to give an employee a day off during the week in lieu of Sunday.

E.g. if a shopkeeper decided that his Sunday sales exceeded sales on a Tuesday, it would be more economical for him to give an employee a day off on Tuesday, when they are not really required, and request that they come in on Sunday. If he requested that they work on Sunday in addition to their normal hours, he would then be obliged to pay a reasonable rate ( e.g. at least time+1/2) for that day.

Most concientious employers will pay double for Sunday in addition to a day off in lieu but they are not obliged to.

Kappar

OK but doesn't he get paid for his day off on the Tuesday and get paid for the Sunday therefore gets double pay?

kickthedog

My friend sent me a text last night(he got paid). It turns out that they give nothing extra for Sundays or bank holidays and the day he finished (he was supposed to be in til 5 but was told he could go at 4) he only got paid til 4. Talk about discouraging productivity. I told him to go as slow as he can next week to make sure they pay him what he's supposed to get.

Is there anything he can do about the Sunday/bank holiday pay situation?

Litcagral

kickthedog wrote:

My friend sent me a text last night(he got paid). It turns out that they give nothing extra for Sundays or bank holidays and the day he finished (he was supposed to be in til 5 but was told he could go at 4) he only got paid til 4. Talk about discouraging productivity. I told him to go as slow as he can next week to make sure they pay him what he's supposed to get.

Is there anything he can do about the Sunday/bank holiday pay situation?

He could take a case to the Labour Court:

www.labourcourt.ie


MISSION STATEMENT OF THE LABOUR COURT

"To find a basis for real and substantial agreement through the provision of fast, fair informal and inexpensive arrangements for the adjudication and resolution of trade disputes"

HOW TO PREPARE A CASE TO THE LABOUR COURT


Referral

In most cases, referral of the case to the Labour Court does not have to be initiated by the parties (i.e. the referral will be made, at the request of the parties, by the Labour Relations Commission). However, there are 2 circumstances where the case must be initiated by a party to the case. These are:-
(i) Direct Referral – industrial relations dispute

where, in an industrial relations dispute the case is being referred directly to the Court by one or both parties and they agree, in advance, to accept the Labour Court's Recommendation, or

(ii) Appeals

where the recommendation of a Rights Commissioner (in an industrial relations case) or the decision of the Director of the Equality Tribunal (in an equality case), or the decision of a Rights Commissioner (in a working time case,a national minimum wage case, a part-time work case or a fixed-term work case) is being appealed to the Labour Court.

For further details of the different ways of referring a case to the Court click here.

In the first case (i.e. direct referral, advance acceptance of Recommendation) the complainant party must write to the Labour Court requesting a hearing. The complainant may do so on a form (Click here to download form) or by letter. If by letter to the Court, it should:-

- give the name and address of the parties (i.e. employer and worker(s));

- provide a brief summary of the dispute; and

- state that the complainant agrees to be bound by the Recommendation which the Labour Court will issue after the hearing.

In the second case (appeal of a recommendation or decision of a Rights Commissioner's or a decision or recommendation of the Director of the Equality Tribunal) , the appeal should be made on the appropriate form (Click here to download form); or by letter. If by letter to the Court, it should:-

- quote the reference number of the Rights Commissioner's/Director of the Equality Tribunal recommendation, or decision; and

- enclose a copy of the Rights Commissioner's/Director of the Equality Tribunal recommendation, or decision; and

- briefly state the grounds for the appeal.

Note: an appeal of a recommendation or decision of a Rights Commissioner's or a decision or recommendation of the Director of the Equality Tribunal must be received by the Labour Court within 6 weeks of the date of the recommendation or decision.

Submissions

Both parties to a dispute must prepare a written submission of their positions in relation to the dispute before the hearing. These submissions will form the basis of the Court's investigation of the dispute at the hearing so it is important that they be clear and comprehensive, yet concise. For examples of submissions, click here.

In industrial relations, working time, national minimum wage, part-time work and fixed-term work cases, 6 copies of the written submissions must be delivered to the Labour Court, by post or by hand (i.e. not by fax) at least 3 working days before the date of the hearing.

In equality cases, different procedures apply. Parties are advised of the requirements by the Court on receipt of a referral.

Guidelines to preparing submissions

Address to Chairman and Members of the Labour Court
State Background
Summarise Dispute
State own position re. resolution of dispute
Include copies of relevant back-up documentation as an appendix
Please use headings, paragraph numbers and page numbers as this greatly facilitates reference to aspects of submissions in the course of Labour Court hearings.
Address:

The submission should be addressed to the Chairman and Members of the Labour Court.

Background:

A brief description of the issue in dispute together with relevant information on the background to the dispute, the nature of the business (including, where appropriate, its trading/financial position), the history of the worker(s) should be set out at the beginning of the submission.

Summary of dispute:

The submission should then give a summary of:-

how the dispute arose, and
the position of the party in relation to the dispute.
Proposed solution to dispute:
The submission should conclude by stating the opinion of the party as to how the dispute should be resolved.

Copies of any back-up documentation referred to in the submission, or on which the submission could rely, should be attached to the submission as an Appendix.

kickthedog

While I would go down that route if it were me, my friend isn't that type of person. I'm helping him find a better job. One that actually pays what it's supposed to.

spuddy

You are entitled to pay over and above your normal rate, if you work on a Sunday.

Your employer cannot discriminate between part-time and full-time employees, so you are entitled to the same rate of pay.

Some special circumstances exist for training / apprenticeships but for all other circumstances the above applies.