employer wants me to sign away overtime etc

shrek008

My employer is a pretty large company that carries out contracts all over Ireland,these jobs usually only last for a couple of days but on occasion we can be on the same site for weeks.We all bring company vehicles home with us,mainly trucks/vans etc,because of the nature of the work we are required to put in some serious overtime,up to now we got paid double time for hours worked before 8am and time and a half for hours worked after 430pm including time spent travelling to and from site.
The problem now is that our employer now wants to abolish the double time and replace this with basic hourly rate,and instead of receiving time and a half from 430pm you will now only get paid time and a half for time actually spent on site,and time spent travelling is to be paid again at basic rate providing you are actually driving a vehicle,if you are a passenger you will receive nothing for travelling either to or from work.
He is insisting that we all sign a letter accepting these conditions or else we dont get work.The company seems to have as much if not more work now than in previous years and we feel that they are using this recession to max company profits at our expense.
Any advice would be very welcome!

majiktripp

Could you as a group approach the boss and ask him why the cut-backs are being made? Try and get some justification for the move, however myself personally, I wouldn't be too bothered with that kind of cut back, rather get paid less for over time than have no work at all.

shrek008

Thanks,but problem is that our basic hourly rate is pretty rubbish and we depend on these crazy long working hours to make ends meet!Can he legally threaten to fire us if we dont sign this bloody letter?

Sleepy

Fire you, no.
Make you redundant, yes.

TBH, you do well to get paid for travel time. Any job where I've had to travel I got a crap mileage rate and that was it.

mood

Sleepy wrote: »

Fire you, no.
Make you redundant, yes.

TBH, you do well to get paid for travel time. Any job where I've had to travel I got a crap mileage rate and that was it.

To be made redundant there has to be no work for you to do. If there is the same amount of work or more how can the boss make them redundant?

helimachoptor

mood wrote: »

To be made redundant there has to be no work for you to do. If there is the same amount of work or more how can the boss make them redundant?

The make the role redundant, nothing to do with work.

mood

helimachoptor wrote: »

The make the role redundant, nothing to do with work.

But I think the role can't be made redundant if there is the same amount of work to do.

Check out this link from Citizens Information site:

http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/redundancy/overview-redundancy

shoegirl

mood wrote: »

But I think the role can't be made redundant if there is the same amount of work to do.

Check out this link from Citizens Information site:

http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/redundancy/overview-redundancy

If the work can be transferred to another employee already employed, that doesn't apply.
Difficult situation. Its wrong, and I've been in a situation where I have been forced to sign away rights twice, but the alternative wasn't really an option for me. Technically what the employer should do is offer compensation for it. Thats what happened in the first case - we agreed to a longer working week in return for an extra 6 days holiday. In the second case we were forced to sign away our right to swap out unpaid overtime worked for time-in-lieu but we couldn't really argue it as there was a clause which stated that we were expected to do unpaid overtime anyway. Its sounds awful but in reality most people here get 10% to 25% better than the so-called "average industrial wage" so we are way better off than most people anyway, and in practice people just found reasons to refuse overtime.

mood

shoegirl wrote: »

If the work can be transferred to another employee already employed, that doesn't apply.
Difficult situation. Its wrong, and I've been in a situation where I have been forced to sign away rights twice, but the alternative wasn't really an option for me. Technically what the employer should do is offer compensation for it. Thats what happened in the first case - we agreed to a longer working week in return for an extra 6 days holiday. In the second case we were forced to sign away our right to swap out unpaid overtime worked for time-in-lieu but we couldn't really argue it as there was a clause which stated that we were expected to do unpaid overtime anyway. Its sounds awful but in reality most people here get 10% to 25% better than the so-called "average industrial wage" so we are way better off than most people anyway, and in practice people just found reasons to refuse overtime.

But the OP said there is the same amount of work or more so how can the other employee have the time to do the OPs work? If there was less work they could do this but it doesn't sound like this is the case.

OP is there a union?

Union Advisor

there are several factors that you should be aware of and consider before you decide on your next steps. firstly what is provided for in your contract, secondly how long have you been employed by your current employer. thirdly are you represented by a union?

Normally an employer cannot unilaterally change your terms and conditions of employment, which is why he may want you to sign this document. i wolud suggest that you contact the union which represents your industry and ask them for more detailed advice. you could also contact citizens information who might be able to help

shrek008

Thanks guys.This employer is up to all the tricks,they lay us off every year just before xmas and personally i get rehired around the first week of Jan but the majority of employees dont get back till around Paddys day! I have been employed by this company for four years.We are in a union but i have never had union fees deducted from my wages,i wonder is this another sneaky trick,i have rang the union and they told me that i am a member.
I know things are not so good for a lot of people right now but you hate to think that you are being screwed just so that management can keep their salaries and perks intact,especially when its so hard to keep on top of the bills as it is!