Sunday working

tipp86

Ive studied all the possible things i can but i guess a human point of view is good.

My girlfriend works in a brand name filling station. She works about 30-40 hours a week. Sunday is a day shhe regulary works yet there is no compensation for this.

I have came to the conclusion there should be from what i have read here

http://www.lrc.ie/documents/publications/codes/4SundayWorkRetail.pdf

Am i way off?

Not entirely sure I understand the question, but when you say "there is no compensation" is what you actually mean that she isn't getting paid at an overtime rate? Like time and a half, double time, or whatever.

It would be my understanding that she would have to work a minimum of 39 hours in a week, regardless of what days this work is done, before she is entitled to anything over and above the flat rate. So If she turns up for work on Sunday morning with only let's say 30 hours worked up that week, no, I wouldn't say she has anything other than her basic hourly rate owed to her.

Correct me if I'm wrong anyone, but that's how it always went for me when I was still living in Ireland.

bbam

I've no retail management experience but in manufacturing if it's a scheduled regular work day there is no extra for working it..

Goodne

according to this http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/working_week.html#lcc038 she should be entitled to some "compensations".

Shelflife

Goodne wrote: »

according to this http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/working_week.html#lcc038 she should be entitled to some "compensations".

The problem is the "compensation" is not defined. under the JLCs it was time and a half for work that was part of your normal working week ie: not overtime.

as usual we went from having an over regulated situation to one where a simple matter caused confusion.

skyline1515

Have a look at her contract it will make it clear as to what she is entitled to... i work in retail and our contracts are for 39 hours a week, as it is retail it is assumed that the premises is open 7 days a week, so her contract could state that she is working 5 out of the 7 days including weekends..

Alot of places stopped paying what they call "sunday pay" years ago..

Bandana boy

It is down to your terms and conditions but I believe that employers no longer have to pay extra for Saturday and Sunday if your under 42 hours per week.

Clauric

tipp1986 wrote: »

Ive studied all the possible things i can but i guess a human point of view is good.

My girlfriend works in a brand name filling station. She works about 30-40 hours a week. Sunday is a day shhe regulary works yet there is no compensation for this.

I have came to the conclusion there should be from what i have read here

http://www.lrc.ie/documents/publications/codes/4SundayWorkRetail.pdf

Am i way off?

A number of things to consider. OP's GF is not working in the retail trade, she is working in a filling station. Their main trade is selling petrol, with a side business in selling convenience products. As such the above link is not relevant.

However, saying that, OP's GF does have certain rights. Her options/entitlements are: (From Irish Statute)

14.—(1) An employee who is required to work on a Sunday (and
the fact of his or her having to work on that day has not otherwise
been taken account of in the determination of his or her pay) shall
be compensated by his or her employer for being required so to work
by the following means, namely—
(a) by the payment to the employee of an allowance of such an
amount as is reasonable having regard to all the circumstances,
or
(b) by otherwise increasing the employee’s rate of pay by such
an amount as is reasonable having regard to all the circumstances,
or
(c) by granting the employee such paid time off from work as
is reasonable having regard to all the circumstances, or
(d) by a combination of two or more of the means referred to
in the preceding paragraphs.

Basically, unless it is provided in her contract that she gets a higher basic salary/wage/hourly rate to compensate for working Sundays, she is entitled to extra pay. What this extra pay is is not stated, and is up to indeividual discussions between the employer and employee. (I've worked in places that gave £1 per day extra - all employee would take - to double time at €20 per hour)

tipp86

Thanks how would people suggest approaching this. She is to put it lightly fearful of her superior ( complicated but employer not doing anything bad i should state ). I was thinking of an anonymous email to head office making enquires.

looksee

Does your girlfriend really want someone else meddling in her work affairs? Has she asked you to do it, the way you describe it sounds a bit as though you are taking it on yourself to do it.