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New job: Breaks, Sunday pay, and Bank Holiday work?

  • 04-07-2011 1:54am
    #1
    Registered Users, Registered Users 2 Posts: 3,835 ✭✭✭unreggd


    Howaya

    I started a new job about 7 weeks ago

    Its in a very small shop, so there's only ever one person in most of the time. I cant really take a proper lunch break. I close the shop for about 5mins to go buy lunch then bring it back, but the shop is open so I don't get a full, uninterrupted break

    So, I assumed I don't get deducted pay for lunch breaks, since I don't proper get any, but I think the boss IS deducting AN HOUR per shift for lunch :(

    Then there's Sunday pay. I always work Sundays, but I don't get any extra pay. I assumed this was a bonus by employers, but is it a legal employment right?

    I also worked a bank holiday, which is meant to equal one paid day off, or something similar, but got nothin

    Then on top of all this, my pay seems to be completely wrong, and I still havent gotten any payslips. They're 'on the bosses PC and hasnt gotten around to printing / emailing them' .

    I dont really know how to go about askin the boss about the issues without it lookin like I'm implying hes ripping me off, but I kinda feel he may be


Comments

  • Closed Accounts Posts: 2,851 ✭✭✭Cill Dara Abu


    Seems like he/she is ripping you off to me, you are entitled to a payslip!

    Seems to me he/she is not paying tax for you!

    You need to get tough with your boss


  • Registered Users, Registered Users 2 Posts: 17,974 ✭✭✭✭Gavin "shels"


    unreggd wrote: »
    Its in a very small shop, so there's only ever one person in most of the time. I cant really take a proper lunch break. I close the shop for about 5mins to go buy lunch then bring it back, but the shop is open so I don't get a full, uninterrupted break

    So, I assumed I don't get deducted pay for lunch breaks, since I don't proper get any, but I think the boss IS deducting AN HOUR per shift for lunch :(

    Shop I used to work in used to pay me for lunch as they'd only be usually one person in. Presume they can deduct pay when you're not getting lunch.
    unreggd wrote: »
    Then there's Sunday pay. I always work Sundays, but I don't get any extra pay. I assumed this was a bonus by employers, but is it a legal employment right?

    From Citizens Information:
    If you do Sunday work your entitlement to extra pay may be agreed between you and your employer. Under the Organisation of Working Time Act, if there is no agreement about your pay, your employer must give you one or more of the following for Sunday working:

    A reasonable allowance
    A reasonable pay increase
    Reasonable paid time off work
    What is reasonable depends on all the circumstances. It is a matter for negotiation between you and your employer and, where applicable, your trade union. Some guidance may be obtained by referring, where possible, to an agreement applying to comparable employees elsewhere in similar employment. The Labour Relations Commission has published a Code of Practice for Sunday working in the Retail Trade (pdf).

    Under the Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001, your employer is required to keep detailed records of your working hours.
    unreggd wrote: »
    Then on top of all this, my pay seems to be completely wrong, and I still havent gotten any payslips. They're 'on the bosses PC and hasnt gotten around to printing / emailing them' .

    It's your legal right to get a payslip. I'd start demanding one tbh.


    Do you have a contract with this shop?

    Also keep a diary/notepad and record all your hours worked, dates and times.


  • Registered Users, Registered Users 2 Posts: 2,036 ✭✭✭murphym7


    Legally you are entitled to a lunch break - if they are not giving you one then the least they can do is not deduct from your wage.

    You are not automatically entitled to extra cash on Sundays, depends on the industry.

    You are owed that Bank holiday back - no question.


  • Registered Users, Registered Users 2 Posts: 3,835 ✭✭✭unreggd


    Do you have a contract with this shop?

    Also keep a diary/notepad and record all your hours worked, dates and times.

    No, I've no contract. His general business skills are terrible, and he seems to think all the paperwork and goin by the book is irrelevant for such a small place. Whether or not hes scammin, or just doesnt have a clue, its not on. I suppose I've been hesitant about sayin anything as he said all new staff are on a trial for a few weeks, but Im sure I'm well past that and he said nothin. Im perfect at the job, better than him in most areas!

    I do keep a record of all the hours I work, so gonna print it out and explain what I was expectin to be paid

    Im already back lookin for a new job. Long term its just gonna be hassle, but obv I wont leave it without somethin else to go to


    Thanks for the feedback!


  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    At very least, you need to check with Revenue about whether he's handing over your tax and PRSI: if necessary, make him think they're threatening you if you don't tell them about your job ... make him worry that they're gonna hassle him too.


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  • Registered Users, Registered Users 2 Posts: 699 ✭✭✭okiss


    At very least, you need to check with Revenue about whether he's handing over your tax and PRSI: if necessary, make him think they're threatening you if you don't tell them about your job ... make him worry that they're gonna hassle him too.
    I agree with Just Mary he won't want hassle from revenue.

    Tell him that your aunt Mary works in revenue and she was glad to hear about your job but she said you need to get a payslip each week or month your paid.
    If he thinks aunt Mary works in revenue it might get him moving on this.
    The revenue need all the money they can collect at the moment and can do an revenue audit on a business when they like.
    They have a lot of data so know what to look for and what questions to ask.
    They can look for tax, prsi ect from now and going back years. If tax is unpaid or underpaid they can charge fines and interest so a person can end up with a large bill after this.


  • Banned (with Prison Access) Posts: 30 zulukev


    you are entitled to a lunch break, one hour lunch break per 8hr day + 2 10min breaks or 10mins per hour, thats law. you are entitled to double time for bank holidays or an extra days holidays. i would give revenue a ring and make sure he/she is paying your tax/prsi. tell your employer you are looking for a credit union/bank loan and the bank needs proof of earnings, tell him you need 3/4 up to date pay slips, wheather they are real or not at least you will have proof your in the clear as far as paying your taxes.




  • zulukev wrote: »
    you are entitled to a lunch break, one hour lunch break per 8hr day + 2 10min breaks or 10mins per hour, thats law. you are entitled to double time for bank holidays or an extra days holidays. i would give revenue a ring and make sure he/she is paying your tax/prsi. tell your employer you are looking for a credit union/bank loan and the bank needs proof of earnings, tell him you need 3/4 up to date pay slips, wheather they are real or not at least you will have proof your in the clear as far as paying your taxes.

    Are you sure? I've never had an hour for lunch for an 8 hour day. Usually 30 minutes for lunch + two 15 minute breaks, so paid for 7 hours. I thought that was the minimum legal requirement.


  • Registered Users, Registered Users 2 Posts: 163 ✭✭markievicz


    zulukev wrote: »
    you are entitled to a lunch break, one hour lunch break per 8hr day + 2 10min breaks or 10mins per hour, thats law.

    No it's not. I get an hours lunch (unpaid) and a 15minute break (paid) when I work from 9-6 or similar.
    zulukev wrote: »
    you are entitled to double time for bank holidays or an extra days holidays

    Not afaik I'm afraid, most places pay the same rate as Sundays and possibly (if you're lucky) a little extra because its the bank holiday. Also, if you're part time and a bank holiday comes along you need to have worked 40 (or more) hours in the previous five weeks to be entitled to an extra day of annual leave


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    zulukev wrote: »
    you are entitled to a lunch break, one hour lunch break per 8hr day + 2 10min breaks or 10mins per hour, thats law. you are entitled to double time for bank holidays or an extra days holidays. i would give revenue a ring and make sure he/she is paying your tax/prsi. tell your employer you are looking for a credit union/bank loan and the bank needs proof of earnings, tell him you need 3/4 up to date pay slips, wheather they are real or not at least you will have proof your in the clear as far as paying your taxes.

    I'm sorry, but if you are going to say something's the law you'd best link to proof, 'cos what you're saying here is cobblers.


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  • Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,789 Mod ✭✭✭✭Tabnabs


    markievicz wrote: »

    Not afaik I'm afraid, most places pay the same rate as Sundays and possibly (if you're lucky) a little extra because its the bank holiday. Also, if you're part time and a bank holiday comes along you need to have worked 40 (or more) hours in the previous five weeks to be entitled to an extra day of annual leave

    Some very dodgy advice being given out about pay and entitlements in this thread, it's all on the Citizens Advice site, clear and simple to read.

    As for bank holidays;
    Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

    Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:

    A paid day off within a month of the public holiday
    An additional day of annual leave
    An additional day's pay
    The nearest church holiday to the public holiday as a paid day off

    The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html


  • Banned (with Prison Access) Posts: 30 zulukev


    im an employer Mr unpresentable and thats what my employees can expect. you get payed 7hrs for an 8hr day + 2 10min breaks paid, double time or an exyra day hols for bank hols, and time and a half for sunday for full time staff.


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    zulukev wrote: »
    im an employer Mr unpresentable and thats what my employees can expect. you get payed 7hrs for an 8hr day + 2 10min breaks paid, double time or an exyra day hols for bank hols, and time and a half for sunday for full time staff.

    I'm sorry, but you said it was the LAW! What your practices are are your own. That doesn't compel anyone else to adhere to them.


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