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Overtime Question

  • 18-10-2010 8:09pm
    #1
    defiant12
    Registered Users, Registered Users 2 Posts: 64 ✭✭


    Hi Guys,

    Two of my colleagues were required to do 4 hours overtime last Friday. Like me, their contracts require them to be available for overtime when requested by management. We are all hourly paid and in the past OT has always been paid at time and a half.
    The company has suddenly changed policy and OT will no longer be paid (even at standard rate) and time in lieu will not be offered.
    Is this stance legal? Can they force hourly staff to work 43 hours and only pay for 39? If not can anyone point me towards the relevant legislation?
    Cheers...


Comments

  • #2
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    It's a change to your working conditions. Personally i wouldn't agree to it, particularly as you're on an hourly rate and not a salaried employee (I assume)
    Check your contract.
    Contact NERA.


  • #3
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Read your contract of employment.

    It should set out whether overtime is paid or given back as time in lieu. Whatever your contact states is how it should be paid.

    If the contract states that it is as the discretion of the company the I think they've done no wrong but if it states you are paid time and a half for any OT done then they have done wrong.


  • #4
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Depends on your contract. If they change the contract, you have to agree to it.

    Agreeing to a new a contract, of course it depends if the company is struggling or not, or how easy you'd find a new job if you wanted to move. etc.


  • #5
    Will23
    Registered Users, Registered Users 2 Posts: 265 ✭✭Will23


    BostonB wrote: »
    If they change the contract, you have to agree to it.

    hi,

    can i ask where this is coming from, surely one cannot just amend a contract at their own discretion, even in hard times? or can they?

    i always understood that a contract is between two parties, and changes to the contract must be agreed between those parties?

    thanks.


  • #6
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Thats what I meant, I just phrased it badly.

    They can't change your contract unless you agree to it.

    Of course there must be a reason for them doing this. So its hard to say whats the correct course of action without the background.

    If it was a rare situation then I'd do it, to help out. if its going to be every week, then I wouldn't.


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