Overtime

LegacyUser

In my job (been there 10+ years) my normal working week is Sunday night-Thursday night. If I also have to work Friday night I get 1 extra night's pay + 50%. When there has been a public holiday on a Monday, I am off on Sunday night (paid) & still receive my overtime rate if I work the Friday night after. Unfortunately, I have no written agreement in regards to this.

This situation (public holiday) arose this week, I am needed to work this Friday night & now my employers tell me I will not be entitled to overtime as I need to actually work 6 shifts for that & will just get paid 6 nights at flat rate this week. I have only been told this is the law without being provided any information/documentation to prove this.

Any advice on this? If the company are correct in changing this then I have no problem with that, it's basically the lack or proof or explanation that annoys me. If anyone could provide a link or recommend some literature in regards to this that would be great.

Thanks in advance.

gerrycollins

im pretty useless for you with providing a link etc but they are right.

your stated overtime for friday regularly at 1.5 times is right(reasonable compensation) but that is only applicable to you once you have completed your previous 5 days of work. ill assume is 40hrs as per your contract?

However on a bank holiday week you only work 4 days so your company is entitled to ask you to work a fifth day at no extra to you as you will not have exceeded your 40 hr contract. However for the week you will still get paid for the bank holiday day on top of your 40 hours basic pay.

Union Advisor

Whether your contract is written or oral is irrelevant, your contract of employment is determined by what actually happens in the course of your employment. From the information you have provided it appears that your company is in breach of the working time act and is also changing your terms and conditions of your employment without your consent. If this is the case you are entitled to raise a grievance with yor employer. I would suggest that you discuss the full circumstances of your case with your trade union representative, if you are unsure which union represents your industry you can contact NERA or ICTU who will provide this information

LegacyUser

Union Advisor wrote: »

Whether your contract is written or oral is irrelevant, your contract of employment is determined by what actually happens in the course of your employment. From the information you have provided it appears that your company is in breach of the working time act and is also changing your terms and conditions of your employment without your consent. If this is the case you are entitled to raise a grievance with yor employer. I would suggest that you discuss the full circumstances of your case with your trade union representative, if you are unsure which union represents your industry you can contact NERA or ICTU who will provide this information

Thank you. I have been in touch with my union representative who has told me the same thing, but my employer basically refused to accept it. (We only joined the union in early 2009 & the company is refusing to recognise the union, 1 of several matters being dealt with). I have asked my employer to provide me with written confirmation from his advisers of his right to change terms & conditions of my employment, but so far he has not provided any.

LegacyUser

gerrycollins wrote: »

im pretty useless for you with providing a link etc but they are right.

your stated overtime for friday regularly at 1.5 times is right(reasonable compensation) but that is only applicable to you once you have completed your previous 5 days of work. ill assume is 40hrs as per your contract?

However on a bank holiday week you only work 4 days so your company is entitled to ask you to work a fifth day at no extra to you as you will not have exceeded your 40 hr contract. However for the week you will still get paid for the bank holiday day on top of your 40 hours basic pay.

Thanks for your reply. Unfortunately the big problem here is lack of written information, quoting specific regulations etc., as my employer will willingly accept verbal advice to support his argument, yet will not accept any to support mine. As regards a contract, I don't have one. I was given one & told to sign it some years ago but after telling my employer that I wished to consult a union representative about it, he never asked for it back! The information has all been passed to my union representative now so hopefully it will be resolved soon.

wmpdd3

I am sorry but can't see how the employer is breaking the working time directive.

http://www.employmentrights.ie/en/media/Workingtimeact.pdf

In the week with the bank holiday, you will get 1 days pay for the B/H. You will work 4 other days. You are still getting your bank holiday paid.

'When there has been a public holiday on a Monday, I am off on Sunday night (paid) & still receive my overtime rate if I work the Friday night after.'

This is a separate agreement between the employer and employee. You could argue that this is now part of your contract of employment but it is a much weaker case than the union's case that they are breaking the working time directive act.

I would approach the employer and try agree a new deal regarding this perk but I doubt the union would agree with this course of action.

Union Advisor

Hi San Siro

the fact that you are member of a union will assist you in asserting your rights. Your employer should have a diaciplinary and grievance procedure. you should be in a position to raise a grievance with your employer in relation to this issue, i am sure your union will asssit you with this. if your employer refuses to address this you may then bring a case to a rights commissioner who will adjudicate on the matter, obviously your success or otherwise will be determined by the facts, but i am sure that your union will advise you as to the best course of action to pursue.