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Law Regarding Days off from work

  • 18-09-2011 12:22pm
    #1
    Shane-KornSpace
    Closed Accounts Posts: 1,025 ✭✭✭


    hi,
    quick question. my manager informed me that the month of january 2012, I will be needed to work without any days off.

    Now I know this is illegal for them to get me to do these hours, but what exactly is the law regarding this?
    Am I entitled to, by law, 2 days off a week when working full time? I work full time in sales.

    What should I say to him to go about protesting this request demand of me? In lay mans terms please :)

    Thanks a mil


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    http://www.irishstatutebook.ie/1997/en/act/pub/0020/sec0013.html


  • #3
    Shane-KornSpace
    Closed Accounts Posts: 1,025 ✭✭✭Shane-KornSpace


    Thanks, it helped a bit! :)
    But unfortunately my comprehension skills are not exactly top-knotch.
    Could it be explained like I was a 5 year old? :)


  • #4
    HarryPotter41
    Registered Users, Registered Users 2 Posts: 1,402 ✭✭✭HarryPotter41


    Shane-KornSpace wrote: »
    Thanks, it helped a bit! :)
    But unfortunately my comprehension skills are not exactly top-knotch.
    Could it be explained like I was a 5 year old? :)

    You are entitled to at least one day off every week.


  • #5
    Shane-KornSpace
    Closed Accounts Posts: 1,025 ✭✭✭Shane-KornSpace


    HarryPotter41 wrote: »
    You are entitled to at least one day off every week.

    so what my manager wants me to do is illegal then, yes?
    Even if he says I will be entitled to days off in Lieu. I do not want the days in Lieu, I want my days off for each week.
    Thanks for replies!


  • #6
    HarryPotter41
    Registered Users, Registered Users 2 Posts: 1,402 ✭✭✭HarryPotter41


    Shane-KornSpace wrote: »
    HarryPotter41 wrote: »
    You are entitled to at least one day off every week.

    so what my manager wants me to do is illegal then, yes?
    Even if he says I will be entitled to days off in Lieu. I do not want the days in Lieu, I want my days off for each week.
    Thanks for replies!

    Do you have any type of contract for a start? If you don't you legally should have one and it should refer to time off allowed. Under the working time act your manager can only get you to work those hours with your agreement. Are you a permanent employee?


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  • #7
    Shane-KornSpace
    Closed Accounts Posts: 1,025 ✭✭✭Shane-KornSpace


    I have one month left on probabation. So I will not be protesting his demand until that time is done with. I have signed a contract. I will have to get a copy of it for record.


  • #8
    HarryPotter41
    Registered Users, Registered Users 2 Posts: 1,402 ✭✭✭HarryPotter41


    Shane-KornSpace wrote: »
    I have one month left on probabation. So I will not be protesting his demand until that time is done with. I have signed a contract. I will have to get a copy of it for record.

    Take the time to ring the employees rights section of the Department of Trade, Enterpise and Employment or whatever it's calling itself these days. They will be more than helpful with your exact entitlements. There is no way legally you can be forced to work the entire month without a day off.


  • #9
    Shane-KornSpace
    Closed Accounts Posts: 1,025 ✭✭✭Shane-KornSpace


    I'll have a look in to it and get on to them, thanks for help!


  • #10
    amen
    Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    Does your Manager want you to work all 31 days in January or is January simply a very busy month and he is giving advanced notice that he would like every one to work their full 5 day week for the month and not ask for any time off ?


  • #11
    Shane-KornSpace
    Closed Accounts Posts: 1,025 ✭✭✭Shane-KornSpace


    Our manager wants us to work all 31 days. There are only 3 of us in the store. He expects it to be a very busy month and wants all hands on deck for the full month.


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  • #12
    HarryPotter41
    Registered Users, Registered Users 2 Posts: 1,402 ✭✭✭HarryPotter41


    Shane-KornSpace wrote: »
    I'll have a look in to it and get on to them, thanks for help!

    Here are the contact details

    Employment Rights Information Service
    Lo Call 1890 80 80 90*
    E-mail: complete the contact form on NERA’s website: www.employmentrights.ie/en/aboutnera/contacts/


  • #13
    TylerIE
    Registered Users, Registered Users 2 Posts: 1,635 ✭✭✭TylerIE


    OP Im going to be slated here but....

    Before going the legal route have you or your colleagues tried to talk to your employer in a reasonable manner? Perhaps your employer could take on some temporary staff for the month of January? Maybe ye could offer to facilitate training them in - it might even be cheaper for the employer, rather than paying full time staff?

    In the current situation with so many people out of work your employer may sink if he gets in hassle over employment rights, or isnt able to stay open throughout January. Iv heard of small firms where inflexible staff resulted in unemployed staff as the company owners just couldnt cope. For some businesses the Nov - Jan rush is the buffer that keeps them going in Feb-April....

    Is he looking for ye to work 8 hours a day or 12 hours or less than 8?

    Its a long time, but if that month of hard work keeps ye in a job for the rest of the year it may be worth it. It sounds like ye dont have a great relationship with your employer, but could the legal route cause even more tension?


  • #14
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Depending on the type of work, can the 4 of you schedule things so that you work extra hours over 6 days, so that you can each have a day off in turn?

    What rate will you be paid for work?


  • #15
    HarryPotter41
    Registered Users, Registered Users 2 Posts: 1,402 ✭✭✭HarryPotter41


    TylerIE wrote: »
    OP Im going to be slated here but....

    Before going the legal route have you or your colleagues tried to talk to your employer in a reasonable manner? Perhaps your employer could take on some temporary staff for the month of January? Maybe ye could offer to facilitate training them in - it might even be cheaper for the employer, rather than paying full time staff?

    In the current situation with so many people out of work your employer may sink if he gets in hassle over employment rights, or isnt able to stay open throughout January. Iv heard of small firms where inflexible staff resulted in unemployed staff as the company owners just couldnt cope. For some businesses the Nov - Jan rush is the buffer that keeps them going in Feb-April....

    Is he looking for ye to work 8 hours a day or 12 hours or less than 8?

    Its a long time, but if that month of hard work keeps ye in a job for the rest of the year it may be worth it. It sounds like ye dont have a great relationship with your employer, but could the legal route cause even more tension?


    Nobody is going to slate you. I thought myself of the rfact is this just poor management because no store is going to be mad busy all day every day of the week and that the roster could be set up to give people time off.

    I do have a problem with the inflexible staff causing job losses issue, this is being used more and more by employers to push staff into doing more than they should. In soke cases it is genuine but in a lot of cases it is being used by unscrupulous bosses to wring what more they can out of their staff.

    The working time act is there for a reason, to stop abuses. If the employee does not want to do whats asked its there to give them a legal backing for wanting rest days. No one can work 31 straight days without a physical toll, particularly if its retail where you spend most of the day on your feet.


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