Pay docked - is this legal?

ferdi

I won't get into specifics but here is the scenario:

Person arrives to work 3 minutes late (due to taxi being late)

Person clocks in (3 mins late)

Person is docked 30 minutes pay.

If person clocks in 30 seconds late (for any reason) and starts working immediately, they will not be paid for the next 29 minutes and 30 seconds.

This was not the case when person started to work in this place.

Is it legal for an employer to do this?

Thanks

Tipsy Mac

Illegal I would say, however if your job was co piloting a plane and it was due to leave at 3pm and you strolled in at 3.05pm when the plane had left I presume some docking of pay or discilplinary action could be taken, again this would have to be in writting in your contract.

dudara

What does your contract say? You might want to contact the National Employment Rights Agency.

board om

i think you would need to give a bit more information. like was it a once off incident of being late or had it happened a few times and this was just the first time salary had been deducted? and if there was a few incidents of being late had it been brought up by management?

Nody

Most likely illegal, it is damn near impossible to have punishments built into a contract outside disciplinary actions; if they added up the hours over a month though I'd say they can most likely get away with it.

ferdi

The job is in retail so being a few seconds late will not endanger lives.

This seems to be policy; whenever anyone is a few seconds or a couple of minutes late, they are docked 30 minutes pay.

This system came into force when an actual clock-in machine was introduced. No new contract of employment was signed by any existing staff (who are now all subject to this docking of pay).

It does not work the other way around however; if person is kept late and works maybe 10 minutes over-time, this is not factored in when they clock out and they are given no extra pay.

This thread is not about me, i am asking this question for a friend who is very punctual and only became aware of this new system when they were recently late for work for the first time ever.

DublinWriter

Sounds like your friend should have a word with a SIPTU representative.

the_syco

Aye. Only problem is: if you're going to be 5 minutes late, you may as well be 25 minutes late: you get docked the same.

=-=

As for working late, leave at the time specified, unless you're taking the piss in doing X job in 20 minutes instead of 5 minutes (seen the same people kept back often enough for this).

pow wow

TK Maxx were like that when I worked there, though the timing was in 15 minute increments, so 5 seconds late = minus 15 minutes pay as opposed to 30. I'm not aware of the legalities of it, we all used to just manipulate it in our favour in the end.

BostonB

Go find out if its policy or if its in your contract.

kerry4sam

similar happened a mate of mine who is in the hotel industry and she clocked into work a few minutes late and was docked for 30mins but another hotel then only docked her 15mins pay for clocking in a few minutes late ... They do dock wages on the clockin system...A person from HR checks the system to see when people clock-in and out even for breaks and only pays accordingly and where late (if time was made up on breaks) they were okay

snellers

so based on this policy do you think they would be happy, say if you were dealing with a customer and your allocated lunchbreak was during the chat and you simply walked away from the customer ? I am all for companies ensuring that everyone works the same amount of time (to prevent people taking the p***) however a level of common sense should prevail - definately take this matter further

Hanley

Next time they're even 1 second late tell them to pull up a chair and sit under the clock in machine for the next 29minutes and 59seconds. When management asks what they're doing, reply "well you're not paying me to work...".

I'd love to see the reaction (and no... I don' think it would be agood idea to actually do that!!)

KTRIC

If your friend didn't sign any contract to factor in the new changes then its completely illegal. As far as I know the only thing your employer can deduct is PAYE and PRSI, notthing else.