out of hours work

duckysauce

hi work with a certain company that requires you to be available 24h/7 every three weeks, at the moment they do not pay the staff to be available to be on call 24/7, do pay you if you get called out and then go to a call but no retainer for you be be on there beck and call for a week in three , anyone know the legality of this ??

thanks

jimoc

If its in your contract that you are paid an on call rate for being on call and the company has stopped paying it without getting consent from all concerned then thats illegal.

If however there is no contract that states you get paid for being on call then there isn't really a lot that can be done.

tudlytops

Here they the people to ask, just send them an email.

http://www.entemp.ie/employment/rights/

duckysauce

jimoc wrote: »

If its in your contract that you are paid an on call rate for being on call and the company has stopped paying it without getting consent from all concerned then thats illegal.

If however there is no contract that states you get paid for being on call then there isn't really a lot that can be done.

grand its not in contract ,well then why should you work on call for nothing ???

wmpdd3

It depends, if you aren't paid to be available for work and you are called in and you decline will you get into trouble.

If so then it is feasible that you should have some payment for the impact this would have on your life.

Would this work that you get called in to do, be above you normal working week? ie 40 hrs plus if so then it sounds like yo could decline and they would just ask the next person.

duckysauce

yeah its plus your normal 40 :mad:

balcan

Are the company based in ballincollig by any chance,Was working for crowd there under same conditions,No pay for on call for a week,Final straw came when got txt message late fri telling me I was on call for wknd even though i'd been on call the previous wknd,I didn't bother going back to the cnuts

duckysauce

balcan wrote: »

Are the company based in ballincollig by any chance,Was working for crowd there under same conditions,No pay for on call for a week,Final straw came when got txt message late fri telling me I was on call for wknd even though i'd been on call the previous wknd,I didn't bother going back to the cnuts

nope not based in ballincollig

mood

Did you find out if it is legal yet? I would be surprised if it is.

Sleepy

If your on salary, it'd be factored into that but if you were being paid an hourly / daily rate I don't think they'd have a leg to stand on asking you to do on-call without being paid for it.

mood

Sleepy wrote: »

If your on salary, it'd be factored into that but if you were being paid an hourly / daily rate I don't think they'd have a leg to stand on asking you to do on-call without being paid for it.

Surely it should be in the contract. I don't think it is but maybe I'm wrong.

omega666

mood wrote: »

Surely it should be in the contract. I don't think it is but maybe I'm wrong.

Did 24/7 on call work for a while, its was not in my inital contract,
just something we were asked did we want to do a few years later.
on call 1 week in every 4.
Got paid a good bit for being on call (just being available) and then
got extra for each call taken.
easy money but tiresome after a while
having to be prepared to be rung any hour of the day or night.
also disrupts personnal life as cant go out socialising/anywhere why
you cant be contacted.

but ridicolus expecting you to be on call and not geting paid unless you
get called. tell em feck off.

mood

The whole team will need to stand together and insist on getting paid. Is there a union?

duckysauce

nope no union , not part of contract to do on call out of hours work , alot of people there wont join a union , sheep mentality, tell them to feck
k
off then what?. legality of it ,was told if they changed from paying a oncall allowance, to not doing so and i dont agree to it, i have a case against them , do i want to go this route ?.

duckysauce

omega666 wrote: »

Did 24/7 on call work for a while, its was not in my inital contract,
just something we were asked did we want to do a few years later.
on call 1 week in every 4.
Got paid a good bit for being on call (just being available) and then
got extra for each call taken.
easy money but tiresome after a while
having to be prepared to be rung any hour of the day or night.
also disrupts personnal life as cant go out socialising/anywhere why
you cant be contacted.

but ridicolus expecting you to be on call and not geting paid unless you
get called. tell em feck off.

what did you get a week ?

mood

What do you think will happen if you refuse to do it?

duckysauce

make my job very difficult , force me out