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Rights of workers under 18?

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  • 18-07-2009 2:30pm
    #1
    jelly:)
    Closed Accounts Posts: 15 ✭


    I am 16 and currently work in a shop. This is my third summer in a row in the same shop and my pay is the same it was the very first day I started. I know since I am under 18 I am not entitled to the normal minnimum wage and I do get the legal 6.06 an hour.

    I still feel though that I should be getting more. The first year I started I was doing less hours and days and doing a 'beginners' job but now I am serving and doing the same job as everyone else! I have done a few searches on working rights but all I seem to be able to find is rights of those over 18, is there somewhere that has the rights of people under 18?

    Thanks
    Tagged:


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    #2
    Gavin "shels"
    Registered Users Posts: 17,963 ✭✭✭✭Gavin "shels"


    http://www.citizensinformation.ie/categories/employment/starting-work-and-changing-job/young-people-at-work/rights_of_young_workers


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    #3
    jelly:)
    Closed Accounts Posts: 15 ✭jelly:)


    Gavin shels wrote: »
    http://www.citizensinformation.ie/categories/employment/starting-work-and-changing-job/young-people-at-work/rights_of_young_workers

    Thank you!!! :D


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    #4
    Gavin "shels"
    Registered Users Posts: 17,963 ✭✭✭✭Gavin "shels"


    You're welcome, luckily I'm 18 now, but I know what it feels like to be taken advantage of for being under 18.


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    #5
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    jelly:) wrote: »
    I am 16 and currently work in a shop. This is my third summer in a row in the same shop and my pay is the same it was the very first day I started. I know since I am under 18 I am not entitled to the normal minnimum wage and I do get the legal 6.06 an hour.

    I still feel though that I should be getting more. The first year I started I was doing less hours and days and doing a 'beginners' job but now I am serving and doing the same job as everyone else! I have done a few searches on working rights but all I seem to be able to find is rights of those over 18, is there somewhere that has the rights of people under 18?

    Thanks

    If its the third summer, you started at 14. You were working illegally.

    But whatever.

    Back to the main point, The relevant rates are set by a JLC agreement in the labour court. There is no increase for sixteen/seventeen year olds based on experience. From memory, (as its on the wall in my office), your ARE being underpaid at 6.06 - but only just, its 6.56 per hour at the moment.

    The relevant rates may be on the previous link posted, but this is the one you can definately go by.

    http://www.labourcourt.ie/labour/labour.nsf/lookuppagelink/HomeRatesOfPay
    Go into list of JLCs and then retail.

    Everything is listed there.

    I know this for certain as I have had an inspection from NERA and this info is gospel!


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    #6
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    jelly:) wrote: »
    Thank you!!! :D

    Just reviewed the other link.


    Its information is wrong. Its out of date.

    Use the one I posted for the labour court - then, list of JLC's, - then retail.


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    #7
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    superscouse wrote: »
    Its information is wrong. Its out of date.
    Are you sure about that? It doesn't apply to the grocery/retail sector as it's covered by the REA you linked but that doesn't make it wrong.


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    #8
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Earlier this year I had an inspection by NERA. Two inspectors combed through my wage records and and gave me the information I have quoted.

    The original link to citizens advice does mention 6.06, but the inspectors (who I assume would know) referred me to the site I posted for the labour court.

    This makes me assume that the first site is out of date.

    See here.

    http://www.employmentrights.ie/en/


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    #9
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    The €6.06 rate should still be generally applicable to anyone under 18 who isn't subjected to an REA. Aa you point out though, someone in the retail sector would be entitled to €6.56. An awful of lot of work falls outside the REAs.


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    #10
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    leeroybrown wrote: »
    The €6.06 rate should still be generally applicable to anyone under 18 who isn't subjected to an REA. Aa you point out though, someone in the retail sector would be entitled to €6.56. An awful of lot of work falls outside the REAs.

    Fair point, but the OP does say he works in a shop, so he would come under the agreement for retail.


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    #11
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Indeed. The minimum wage pages on CitizensInformation should probably include a note about the REAs.


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    #12
    jelly:)
    Closed Accounts Posts: 15 ✭jelly:)


    Wow, I really wasn't expecting to get a response that fast!

    Thanks a lot, it is a book shop which I am almost 100% certain falls under the REA. Its nice to know my rights but I don't know if its worth doing anything about it, its only 50c and at least I hace a job . . right?

    I guess in 2007 he was paying me the legal rate and just never bothered reviewing it.

    Thanks a bunch :):)


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    #13
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    jelly:) wrote: »
    Thanks a lot, it is a book shop which I am almost 100% certain falls under the REA.
    I'd really double check that before complaining if I were you. I'm not sure off hand but I'd expect that books would fall outside the definition of 'retail grocery' in which case you'd be due €6.06 per hour as per minimum wage.


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    #14
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    If you look in section (2) of the PDF document on the Retail Grocery and Allied Trades REA page you'll see the following:
    2. For the purposes of this schedule "the retail grocery and allied trades" consist of the sale by
    retail of:

    (a) bacon, ham, pressed beef, sausages, or meat so treated as to be fit for human
    consumption without further preparation or cooking but does not include the sale, by
    retail, of other meat;

    (b) all other food (including bread or flour confectionery, articles of sugar confectionery
    and chocolate confectionery and ice cream) or drink for human consumption other
    than for immediate consumption on the premises at which the sale is effected;

    (c) tobacco, cigars, cigarettes, snuff and smokers' requisites.
    I don't see where selling books as a primary activity is covered by those terms.


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    #15
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    jelly:) wrote: »
    Wow, I really wasn't expecting to get a response that fast!

    Thanks a lot, it is a book shop which I am almost 100% certain falls under the REA. Its nice to know my rights but I don't know if its worth doing anything about it, its only 50c and at least I hace a job . . right?

    I guess in 2007 he was paying me the legal rate and just never bothered reviewing it.

    Thanks a bunch :):)


    Wooooow there. Everything said upto now has been on the basis your employment has been in a spar/londis/tesco/general grocery kind of RETAIL store.

    If its a book shop I'm afraid I have to agree with LeroyBrown that pretty much all of my information is not relevant to you.

    Sorry for putting you wrong, but on the basis of a book shop, I do believe that you are only entitled to 6.06 per hour, and this will not change until you are 18 years old. If your employer decides to give you more, then that is up to him, however, you are not entitled to it.


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