Is this legal or lillegal and discrimination

deemy

I work in a kitchen get a flat salary per week, get whatever meals i want as do all the other irish staff whether kitchen or dining room. However the wash up girl came to me yesterday in tears as when she asked the boss for a pay rise he said no as she eats at work. I didn't realise till yesterday that she is only on €8 not 8.65 due to this fact. She works maybe 6 hrs a day 6 days a week and only eats lunch and to be honest a cat would eat more than she does. As far as I am aware no other staff have money taken from their wages for food so I guess this is discrimination but I would like to know what the law is. I have checked it out online but am still a little unsure. It says that full board is €4.60 per day so is that the max they can charge her and does full board mean breakie lunch and dinner or wat. And are they still breaking the law if she is the only one they are doing this to.
Hope i have posted in right thread.

AARRRGH

What age is she? Is it her first job? Minimum wage does not apply to everyone.

dudara

As you know the minimum wage is E8.65. This is for an experienced adult employee. (An experienced adult is anyone who has employment of any kind in 2 years after the age of 18).

An employee who is over 18 but in the first year of employment is entitled to E6.92 per hour.

An employee who is over 18 but in the second year of employment is entitled to E7.79 per hour.

Board does count as pay in minimum wage calculations, to the amount of €32.14 for full board only per week, or €4.60 per day. So this could reduce the apparent hourly wage below the amount of the minimum wage.

Either all of you should be paying board, or none. It is discriminatory to have only one person paying it.

Full information here

deemy

No shes 21 or 22 polish. She has no confidence as she thinks her english isn't great but its fine and is affraid if she says anymore they wont keep her on.
On the€4.60 per day do you think that that is the max they can take from her wages. I have read the literature but am still unsure of what is right

the_syco

As far as I know, the polish don't need permits to work here, so I think they are playing on her lack of knowledge of the (work permit) laws.

How long has she been here, and who did she get her job through?

AARRRGH

Would she consider just getting a job somewhere else? Minimum wage jobs are easy to find...

tbh

are you sure she's working for the same company as you and not employed by an agency?

deemy

no we are working for the same person and as i said the poor thing has no confidence in herself so getting another job is out of the question. Yesterday I asked for a statement of employment for myself and said can (lets call her) mary have one 2. Boss turned around and said what are you the shop stewart now. sus if you ask me. I would like to know if any1 has any idea on the €4.60 perday 'board'. I would like to know the facts before I confront him.
Any info would be great. Thanks

AARRRGH

The €4.60 per day is legal.

From here: http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/pay-and-employment/pay_inc_min_wage

"If you receive food (known as board) and/or accommodation (known as lodgings) from your employer, the following amounts are included in the minimum wage calculation:

€32.14 for full board only per week, or €4.60 per day"

deemy

I know the €4.60 is legal but I am still unsure as to if this is the max per day/week that they are allowed to charge. For example if its a busy day and she does an eight hour day at the €8.65 is 69.2 or as they pay her €8 which works out at €64 which then is more than the €4.60 allowance for them and they still take over the 4.60( i know i'm not taking tax or whatever into account) still charge her. I have rang citz adv and she sent out the book but I can't get my head around it. I know it is discrimination cause no one else as far as I can make out seems to be charged for their lunch so I guess what they are doing must be illegal but I would like to understand it fully before I confront the boss. Perhaps he may say that was the conditions of old boss(these are new owners since last year) and therefore she hasn't a leg to stand on.
When it mentions full board if she is there for 8 hrs surey that means 2 meals??
hope you can make sense of this for me and help me out cause i'm totally confused

Wishbone Ash

deemy wrote: »

to be honest a cat would eat more than she does

The amount that she eats wouldn't really be relevant as an average costing/expense would be placed on a meal or 'board'.

AARRRGH

Lots of people get paid different wages for doing the same job. It's just the way the world works and it's not discrimination.

The National Minimum Wage Act provides the following sub-minimum rates:

- An employee who is under 18 is entitled to €6.06 per hour (this is 70% of the minimum wage)
- An employee who is in the first year of employment since the age of 18 is entitled to €6.92 per hour (80% of minimum wage)
- An employee who is in the second year of employment since the date of first employment over the age of 18 is entitled to €7.79 per hour (90% of the minimum wage)

The employer could argue points two and three.

She really should just leave and get a job somewhere else. IMO if she stays there she's the one responsible for her situation.

folan

Boss seems like a bit of a pr***. I hope you got your statements of employment, otherwise hes really running a dodgy ship!
I had a similar problem, but I was in the girls position, and eventually left on very bad terms, with more money being trown at me to get me to stay, I was one of the most experienced staff and I was only 19. Turns out I was being underpaid, but got paid back on the extra bit I was owed the day I left. Was a great row.

mountainyman

Make sure your tax and PRSI is being paid.

MM

dudara

You can contact the National Employment Rights Agency (NERA ) on 1890 80 80 90. They should be able to explain it all to you over the phone and answer any questions that you may have.

My understanding (open to correction) is that your friend should earn (based on an 8 hour day)

(8 x €8.65) - €4.60 = €64.60 which works out at just over €8.00 an hour.

alexmcred

The employment rates for board are based on a 39hr week. You need to find out what basis she is been charged the board on. As some one said above ring the NERA. If the old employers were breaking the law then he is doing so now as well regrdless of what happen before

deemy

dudara wrote: »

You can contact the National Employment Rights Agency (NERA ) on 1890 80 80 90. They should be able to explain it all to you over the phone and answer any questions that you may have.

My understanding (open to correction) is that your friend should earn (based on an 8 hour day)

(8 x €8.65) - €4.60 = €64.60 which works out at just over €8.00 an hour.

Ya that makes it clearer to me now. I guess it seems he can do what he is doing and it is legal and it makes no difference that he isn't taking money from any1 else for food.
thanks for all the advice.

dudara

I would be of the opinion that he is doing something wrong, because he should either be taking the board from all of you or from none of you. To do it selectively is unfair.