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Employment law question

  • 13-07-2010 6:21pm
    #1
    Posts: 0


    Hi.

    I have been considering taking a second job working nights and weekends. I have asked the HR department of my current employer about it (just to make sure there were no problems) and they told me that "legally" I can work a maximum of 48 hours a week, and that since I already work 42.5 hours per week that I would only be able to work another 5.5 hours on top of this.

    Is this the case and if so, why?! Surely I should be allowed to work as many hours as I am willing to work? And surely, provided I'm not calling in sick or over lapping with my current employers work hours or in the same (or a conflicting) industry, they can have no say as to how I spend my evenigns and weekends?


Comments

  • Registered Users, Registered Users 2 Posts: 127 ✭✭Decorus


    According to the Organization of Working Time Act 1998 you are not allowed to work over 48 hours a week.


  • Posts: 0 [Deleted User]


    Can you do more if it is voluntary?! ie is that law there to protect people from being forced to work longer hours than that? Is there any way around it?


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    You can work longer hours but you must have the minimum rest before and after each work period. Thats is the potential conflict.


  • Posts: 0 [Deleted User]


    pirelli wrote: »
    You can work longer hours but you must have the minimum rest before and after each work period. Thats is the potential conflict.

    Do you have any further info on this? My friend worked for 4 months doing 9-5 Monday - Friday followed by 7-2 Thurs and Fri as well as full days Saturday and sunday, and she was on the books in both jobs....


  • Registered Users, Registered Users 2 Posts: 12,211 ✭✭✭✭Sangre


    48 hours is calculated as an average over a certain period e.g. 4 months and not on a week to week basis. Therefore, it is theoretically possible to work extended hours for a limited period of time.

    There are other issues though like rest periods and conflicts with your employers work.


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  • Posts: 0 [Deleted User]


    Sangre wrote: »
    48 hours is calculated as an average over a certain period e.g. 4 months and not on a week to week basis. Therefore, it is theoretically possible to work extended hours for a limited period of time.

    There are other issues though like rest periods and conflicts with your employers work.

    So hypothetically I could work fuller shifts if it were only for a few months and it would be perfectly legal provided it wasn't a long term thing?


This discussion has been closed.
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