Set practice.

madon

Hi, I need some advice if you please!

I work in an industry that is not greatly regulated and for one reason or another never really was a place that had unions.

The older workers like myself are on daily contracts and if we worked after 5.30 were paid overtime, this has been happening for 10 plus years. The company has now said that to keep the wage bill down they will now only pay overtime after 40 hours.

I have been told that they can't just take the time and a half away if they have always paid that way (it's a set practise) and is they don't pay me I can go to the rights commisioner for illegal deductions from my wages. I have been asked by a supervisor what do I think of the new way of paying overtime, I said I was undecided.

Where do I stand?
If I'm right about set practice should I say it now or wait until I don't get paid overtime?
I just want to point out that I work in a business that florishes in the current economic state- so are rolling in profit- this is what annoys me more- they are using it to cut back and make more of a profit:mad:!
I hope I can be understood in what I'm trying to say:D!

Union Advisor

I am trying to understand your situation. are you employed on a permanent basis by the same employer?or are you employed by different employers on a casual basis? it is your legal and constitutional right to join a trade union irespective of your employers or industry's attitude towards trade unions. you could check the yellow pages or contact the irish congress of trade unions who will point you in the direction of the appropriate trade union who will listen to your concerns

jimoc

If it is specified in your contract that all work after 5:30 is paid overtime then your employer cannot change this without you signing new contracts.

Sleepy

Well, there's no point to joining a union if you work in an industry which doesn't recognise them. Money down the drain unless you find yourself planning to sue the company in which case you'd better make sure you've the potential for huge winnings becuase you'll be unlikely to be hired again.

Union Advisor

It does not matter if your company recognises a union or not you are entitled to avail of union representation at disciplinary and greivance hearings in line with labour relations code of practise S.I.146. every industry has a union that will have experience in advising its members on all work related issues

Sleepy

And which union has experience in advising Ryanair's staff?

Union Advisor

I believe that may have been IMPACT or the IAPA, however that was on acollective issue and the finding was that Ruinair could not be forced into a collective bargaining agreement. this does not in anyway prevent an indidual availing of union representation at disciplinary or grievance meetings. the Ruinair case was about collective bargaining

madon

Thanks for the replies, I would have got some great advice if my question had to have been can I join a union?
I have got further advice, the company can not change our rates for such silly a reason that they are trying to make 60 million profit this year a million more than the 59 million they made last year. So they plan to cut a million off the wage bill.
By changing our rate of overtime they are changing our contract (as Jimoc said). Although it is not specified in our contract it was a condition that was just part of the job (a set practice) for 10 plus years so it does not need to be written.
However if i refuse to work after 5.30 for flat pay they can just stop rostering me in for overtime!
If I want union backing I do know where to go, I also know that I have every right to be in a union but so far all the union has done in my place of employment is concentrate on silly things and ignore the real issues.