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Unpaid overtime and sundays

  • 16-08-2012 12:24pm
    #1
    Registered Users, Registered Users 2 Posts: 9


    Hi
    just asking for a help
    My wife works in a chemical industry company.
    For last month they were stressing her to stay over hours to finish tests etc. Plus she was forced to come for 7hrs on Sunday.
    Altogether its around 30hrs extra for 3 weeks. Now she was told, that company will not pay her even a penny extra, as it is a "company policy". Not a word in contract about overtime. She was also refused to be given few days of for the hours, as it is again a "company policy" and they are not doing this for anybody. But 100% sure, people who worked with her on that sunday were paid 200% of normal. They are saying that they are on "wages" and she's on "salary" - they are paid weekly, she is paid monthly and that is the reason.
    I'm really shocked, as I never heard about such situation in Ireland - forcing someone to work, ap 10hrs per week extra (ap 49hrs pw.) and refusing to pay for it, even if contract clearly states that her working time is 39hrs pw. She was told, that if she tries to do anything with it she will be fired disciplinary... It's unbelivable...
    Can she quit instantly, even if she had 3 months notice in her contract? Is the idea of "gross misconduct" apllying to the employer as well?
    This company offers pure exploitation with no rewards...


Comments

  • Registered Users, Registered Users 2 Posts: 26,291 ✭✭✭✭Mrs OBumble


    pikiey wrote: »
    Can she quit instantly, even if she had 3 months notice in her contract? Is the idea of "gross misconduct" apllying to the employer as well?
    This company offers pure exploitation with no rewards...

    No, she cannot quit instantly.

    The situation you have described is totally normal for salaried workers, who are generally expected to work the hours required to get the job done.

    May I ask what sort of salary she is paid - ie how much higher her overall salary is, compared to the wage-workers?

    Also, thought her contract says that 39 hours is the normal week, is there anything about flexibility or extra hours as required.


  • Registered Users, Registered Users 2 Posts: 9 pikiey


    Thanks for a response
    But using this sort of trick they can force here to work 16hrs per day and pay for 8, they just need to asign unrealistic tasks...
    She is paid 6k euro less than other staff in her lab, that was a nasty surprise as well. Though having the same experience and education...
    I'm not sure, if forcing someone to come on Sunday, for 7hrs, to finish some extra work might be explained as "getting a job done"


  • Closed Accounts Posts: 2,520 ✭✭✭allibastor


    the company has to apply the reason rest break period clause in the contract.

    also, a post here before on the same subject, she should have a look through her contract in detail to see what, if any the procedure for working above and beyond is. have a talk with HR about it.

    Also, if this is the first time in a very long time she has had to work extra, i would not make a fuss over it, if its only once off like.

    it they expect this to continue for a long time, it should be reflected in an amendment to her contract.


  • Registered Users, Registered Users 2 Posts: 26,291 ✭✭✭✭Mrs OBumble


    pikiey wrote: »
    Thanks for a response
    But using this sort of trick they can force here to work 16hrs per day and pay for 8, they just need to asign unrealistic tasks...
    She is paid 6k euro less than other staff in her lab, that was a nasty surprise as well. Though having the same experience and education...
    I'm not sure, if forcing someone to come on Sunday, for 7hrs, to finish some extra work might be explained as "getting a job done"

    Is tha E6k less than other salaried staff doing the same job, or less than the wage-workers who get overtime. (And how did she find out???)


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Perfectly Normal for salaried employees to work unpaid overtime without extra pay.

    It does vary quite a bit in how the companies deal with this however.

    Some folks used to the "unwritten rules" of working for a wage take a bit of time to adjust to the new "unwritten rules" of a salaried worker. Do not make a fuss, it will only damage her promotion opportunities, it is all part of the game.

    The key here is how often this is expected and the give an take associated with this flexibility. As another poster said, if this is every week then find another job, if this is occasional then these times are the time to step up and impress her boss.

    In general, I rarely ask my team to work overtime, perhaps late 1-2 nights every 4 months, but they often do so on their own to get urgent tasks done 1-2 nights per month. If I ask them to work whole days at the weekend I normally give time-in-lieu, but that is not in their contract, that is my disgression as a manager.


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  • Registered Users, Registered Users 2 Posts: 9 pikiey


    Thanks a lot
    Just thought, that workin extra 30hrs per month is a bit "too much" to be treated as a favour for employer.
    Now its really simple - she started looking for a new job. Perhaps guys will get the message, that there might be somethng wrong with their attitude.


  • Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    She should look for a new job and refuse to work any extra unpaid overtime.


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    She should look for a new job and refuse to work any extra unpaid overtime.

    Unrealistic attitude, all salaried positions require unpaid overtime


  • Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    I'd agree Gary's post. Employers are pushing to extra every extra erg from workers. Without clear lines of demarcation from the employee, it will not be a case of reasonable work/life balance, but purely a near 16Hr work cycle which de-facto roles back employee protection clauses that have been so carely won over the past century,


  • Closed Accounts Posts: 595 ✭✭✭tony81


    It is normal to do unpaid overtime, in some industries an extra 5 hours a day at times...

    If her contract does not mention flexibility (e.g. may be required to work extra hours from time to time) then she should just stick to the bare 39 hours, although she probably will get fired for not completing her workload.

    My advice is she should look for another job & once she gets one give her one month's notice. During the month she will not have to worry about putting in crazy overtime as her employer will no longer be able to threaten her with dismissal.

    Another thing she should probably do is to book a 2 week holiday if she has not already done so. Many employees hold on to their annual leave, only taking a day here and there, possibly a week altogether when there's a bank holiday weekend. It is much better to take 2 weeks off as it means someone else will have to cover you. It can break the cycle of relying on one employee to cover a mammoth workload.


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  • Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    Unrealistic attitude, all salaried positions require unpaid overtime
    You seem fully signed up to the world of corporate bull****. These companies thrive on drones like you putting in stupid hours trying to impress a manager for a company that ultimately do not give two craps about you or your family.

    If the OP was in a position of high responsibility earning 100K or so then I might agree but I'm guessing they are just another lackie to be abused.


  • Registered Users, Registered Users 2 Posts: 4,026 ✭✭✭0ph0rce0


    You seem fully signed up to the world of corporate bull****. These companies thrive on drones like you putting in stupid hours trying to impress a manager for a company that ultimately do not give two craps about you or your family.

    If the OP was in a position of high responsibility earning 100K or so then I might agree but I'm guessing they are just another lackie to be abused.

    I agree with this, I'm on a salary, says in my contract i have to be flexible, they tried it once to get me to stay back an hour each day a week, not too much really, I asked what i'm getting paid or time off im getting, NOTHING!!!

    So i said f**k that to them, i dont care what it says in my contract i told them i work 9-5 any more hours and i want to be paid, they said no, so i start at 9 and finish at 5 and thats that. I aint working for free salary or not. When they couldnt give two sh**s about me


  • Registered Users, Registered Users 2 Posts: 7,588 ✭✭✭Bluetonic


    0ph0rce0 wrote: »
    I aint working for free salary or not. When they couldnt give two sh**s about me
    Ever wonder why they don't give two shi**s about you?


  • Registered Users, Registered Users 2 Posts: 4,026 ✭✭✭0ph0rce0


    Bluetonic wrote: »
    Ever wonder why they don't give two shi**s about you?

    Because they dont care about anybody, Its all about the money. Im at senior level and still dont care, Why should i loose out while the boss gains. No thank you.

    P.S - All my work gets done and on time :) more often than not before the deadlines, I was refering to others work being added to mine.


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    You seem fully signed up to the world of corporate bull****. These companies thrive on drones like you putting in stupid hours trying to impress a manager for a company that ultimately do not give two craps about you or your family.

    If the OP was in a position of high responsibility earning 100K or so then I might agree but I'm guessing they are just another lackie to be abused.

    I work in a corporate world, yes and like any job, there are ways to succeed.

    But luckily I have been successful enough to be promoted to a position where I can provide a great work environment for my team. Yes, I am one of those horrible monsters called a manager. As part of the relationship between my team and I there is an understanding that when there are urgent tasks there will sometimes be overtime required, but on the other hand, when they need flexibility, appointments, childcare issues, etc, that flexibility will be repaid with paid time off to deal with those situations without dipping into annual leave.

    While I appreciate that there are many folks that either find themselves in poor work environments, or are not inclined to play the game to succeed, there are many people that enjoy successful careers balanced with rewarding personal lives outside of work.


  • Registered Users, Registered Users 2 Posts: 26,291 ✭✭✭✭Mrs OBumble


    0ph0rce0 wrote: »
    I agree with this, I'm on a salary, says in my contract i have to be flexible, they tried it once to get me to stay back an hour each day a week, not too much really, I asked what i'm getting paid or time off im getting, NOTHING!!!

    So i said f**k that to them, i dont care what it says in my contract i told them i work 9-5 any more hours and i want to be paid, they said no, so i start at 9 and finish at 5 and thats that. I aint working for free salary or not. When they couldnt give two sh**s about me

    I'm kinda picking that there aren't any promotion opportunities, either. And that you never want to use them as a reference.

    Yes, there are a**hole bosses out there. And sometimes you need to take a stand and not let them get away with it.

    But my reading of the OP was that this isn't one of them. And in fact, only the OP's wife can decide about her situation.


  • Registered Users, Registered Users 2 Posts: 9 pikiey


    Thanks to all for answers
    Situation is now really simple, she's looking for some other work.
    Of course, I can agree, that from time to time company needs some support and employee's should be flexible. But - from time to time, when it is required. It shouldn't be a company policy, to set unrealistic work loads and than force people to work for free. If procedures says that some operations require specyfic time to be completed - it should be easy to calculate f.x. how many test you can do each day. If, F.X. during your 8 hrs o work, you are able to do 8 50min test it is at least surprising, if your boss expects you to do 11.there no chance to run them simultaniously as there is only one device. Either, you are cutting corners, which in my understanding is not a way to go in ISO enviroment, or you are forced to stay after hours for free. The best in the lab are achiving the result of 9 tests per day, how someone could expect her to do 11, if she's there for few weeks?
    I" feel, that it is situation, where you have to say no. there is difference between flexibility and charity, between managing staff and bullying them...


  • Registered Users, Registered Users 2 Posts: 6,710 ✭✭✭flutered


    in a, different world, the tralee bypass, a break at 10am for 20mim, a break at 1pm for 30min, if one has to work after six no break, ot in the evening, sat and sun in at normal rates 9euro per hour, you can get a call at 6am not to come due to the weather, some do not know how well off they are.


  • Registered Users, Registered Users 2 Posts: 9 pikiey


    the question is - how long do you have to study to work with tralee bypass? 5 years of chemistry? Than you are paid 2euro per hour extra...
    Here, you don't have time to go for a break, even if you work 30min extra for unpaid one... Choice is yours - go for a break or have one test less done and boss bitching over your head...


  • Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    Sounds like a badly run company who are happy to abuse their employees. Of course a few gullible ones will swallow the promotion line dangled in front of them. Usually from middle managers who don't have the smarts to work the scam out themselves.

    I know lots of people in the chemistry game and where there is no paid overtime available there is always time off in lieu. The rest get well paid overtime. Leave the race to the bottom merchants to themselves. They are in a minority thankfully when it comes to the working world.


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  • Registered Users, Registered Users 2 Posts: 9 pikiey


    Hi
    Things have cleared a bit
    As a new idea company tries to force her to work nights (she is unable to do this, as we do not have option of leaving kids alone at home as I go to pick her from work), of course for free. She started a grievance procedure, after few weeks of interrogations she was handled a letter with one big "get lost" in a nice HR mambo-jambo.
    But, she just got a job offer. They require ASAP start, current company says 3 months notice...
    Can she leave before, considering grievance procedure that failed to find a compromise between her and employer expectations? 3 months is kind of extreme, no one would ever wait for you so long with new possition...
    She is sick and tired of her current work, new place offers much better conditions, but they won't wait, she has to start soon.
    My idea is to tell current company bye-bye, but what are possible, if any, consequences?


  • Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    She can leave with zero notice with effectively no repercussions. They could take her to court for breach of contract but no judge will side with a company who are trying to restrict the movement of a single worker particularly when she has documented grievances with hr. People walk out of jobs all the time.


  • Registered Users, Registered Users 2 Posts: 6,743 ✭✭✭Wanderer2010


    Unrealistic attitude, all salaried positions require unpaid overtime

    Wrong. Im a salaried employee and have been for the past 5 years and although it does state that you are expected to do some overtime as the business requires, its completely paid up as normal i.e if you come in saturday you get time and a half or sunday double time etc. No way would many people stick unpaid overetime on a regular basis for very long.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    pikiey wrote: »
    Hi
    Things have cleared a bit
    As a new idea company tries to force her to work nights (she is unable to do this, as we do not have option of leaving kids alone at home as I go to pick her from work), of course for free. She started a grievance procedure, after few weeks of interrogations she was handled a letter with one big "get lost" in a nice HR mambo-jambo.
    But, she just got a job offer. They require ASAP start, current company says 3 months notice...
    Can she leave before, considering grievance procedure that failed to find a compromise between her and employer expectations? 3 months is kind of extreme, no one would ever wait for you so long with new possition...
    She is sick and tired of her current work, new place offers much better conditions, but they won't wait, she has to start soon.
    My idea is to tell current company bye-bye, but what are possible, if any, consequences?

    Possible consequences is that she may be sued for breach of contract. As I've said before though - unless her departure effects the company share price it's more likely that I'll be in bed with Penelope Cruz tonight.

    The way the company has acted - taking what you say at face value - is appalling. 'Salaried employee' is not a by-word for slave. The thing that jumps out at me straight away is the employer is legally (AFAIK) required to pay premium time on Sundays. They are also required to give rest breaks (inc days off) in accordance with the Organisation of Working Time Act. I also believe they are required to take into account personal circumstances when looking at moving shift patterns etc.

    I would be polite in my official dealings. A nice letter giving a couple of weeks notice or whatever she can - not naming or eluding to the new position. Then when I was asked I'd state off the record what I thought.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    chances are she is not going to get a good reference from them anyway - if I were her and even if I agreed to work the 3 mths notice, I would be doing sweet F*all for those three months. In which case they would probably tell me to leave early anyway.

    As previous poster says, yest there can be consequences of leaving early, but chances of them going down that road are slim. Maybe she could approach HR and say in a very nice way, basically I want to leave, you want me to go, so can we come to a compromise in regards to the notice period. Also make sure if she has any annual leave due that she asks for this to be used during her notice period.

    But it is important to be sure - is the offer of new employment conditional upon her getting a reference from her current employer? if so this could be a problem.


  • Registered Users, Registered Users 2 Posts: 26,291 ✭✭✭✭Mrs OBumble


    Wrong. Im a salaried employee and have been for the past 5 years and although it does state that you are expected to do some overtime as the business requires, its completely paid up as normal i.e if you come in saturday you get time and a half or sunday double time etc. No way would many people stick unpaid overetime on a regular basis for very long.

    Well you are very, very lucky.

    What you describe is not at all typical.


  • Registered Users, Registered Users 2 Posts: 45 marnieb


    Yes this is true, we had a NERA inspection once and they told us that salaried or not you cannot do extra hours over a long period of time without being compensated for it


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    marnieb wrote: »
    Yes this is true, we had a NERA inspection once and they told us that salaried or not you cannot do extra hours over a long period of time without being compensated for it

    yes but being "compensated' can be done in various ways. You could be paid as little as €1 extra for working on a Sunday and it could be argued that this is a compensatory payment for working Sunday. Unfortunately the information and legislation around payment for extra hours is not very definitive. The working time act tells us what maximum a person can work over a period of time, but if you are only hitting 47 hours and not 48 it doesn't apply.


  • Closed Accounts Posts: 16,396 ✭✭✭✭kaimera


    JustMary wrote: »
    Well you are very, very lucky.

    What you describe is not at all typical.
    I'm salaried and get paid OT as well. Time in Lieu is also an option I can take.

    Prolly depends on a) the industry and b) your actual job position


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  • Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    kaimera wrote: »
    I'm salaried and get paid OT as well. Time in Lieu is also an option I can take.

    Prolly depends on a) the industry and b) your actual job position

    It is normal enough to get TOIL or payment for any overtime. I have a theory for why Justmary thinks it is abnormal. They work in a place where there are no such payments with other people who accept such standards. People like the OPs partner end up joining these companies and leaving for the many better places out there when they realise what the status quo is in that particular company. The only people left are the doormats which management have managed to convince that they are working in a normal company.


  • Registered Users, Registered Users 2 Posts: 179 ✭✭bob the bob


    I'm salaried and get double time on weekends include Friday nights. 1.5x time for weekday overtime.
    I do a 40 hour week, nobody is stealing my precious family time without well compensating me.
    The taxman takes loads extra anyway from the overtime, so double time at weekends is crucial to me, wouldn't bother coming in at the weekend for 1.5x time.


  • Closed Accounts Posts: 2,520 ✭✭✭allibastor


    flutered wrote: »
    in a, different world, the tralee bypass, a break at 10am for 20mim, a break at 1pm for 30min, if one has to work after six no break, ot in the evening, sat and sun in at normal rates 9euro per hour, you can get a call at 6am not to come due to the weather, some do not know how well off they are.

    I will take it from this post you are in the construction industry, working for a company called something like BA-M. They are notiously using the recession to get workers to bend over backwards. I know a guy who actually left there recently cause he said it was very difficult to work for them. thats a construction job, in the recession.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    It is normal enough to get TOIL or payment for any overtime. I have a theory for why Justmary thinks it is abnormal. They work in a place where there are no such payments with other people who accept such standards. People like the OPs partner end up joining these companies and leaving for the many better places out there when they realise what the status quo is in that particular company. The only people left are the doormats which management have managed to convince that they are working in a normal company.

    Yes it is normal to get TOIL from most decent companies, however in many companies how your TOIL is calculated and approved is very much dependant upon your manager. Because you do not clock in and out it can come down to a situation where it is your word against your managers as to how many extra hours you worked. In theory accurate records are supposed to be kept for hours worked due to the organisation of working time act, however it is very common that these practices are not adhered to. I have worked for some of big companies, one of them won a 'best plase to work' award....getting the hours you are owed was like getting blood out of a stone. You were made to feel like a beggar, or worse a liar if you said you did 10 extra hours, as your manager probably wouldn't have kept records and would dispute the extra hours.

    In my 14+ years of working I have only been given overtime on a handful of occasions....and then it would be because it was over and above what would normally be expected. The most you could get was TOIL. I have worked for more than one company where you would need to travel on a Sunday to be at a meeting first thing Monday - you would only get TOIL at standard rate (i.e not double time) for the hours on a Sunday, and in one place we only got that after a hard fought battle. I have worked occasional Saturdays and only got TOIL at standard rate.

    It is VERY VERY common. Most contracts drawn up in the last few years will state that overtime is not paid unless with the express consent of management. So if you do end up working late if you are lucky you get TOIL. This makes sense from a money point of view, as your annual leave is accrued based upon hours worked. So as an employer if I pay overtime AND the additional holiday hours AND the additional PRSI it might not be commercially feasible. Instead if I give you the hours back at a later date, it costs me nothing extra.

    Gary the Gamer, I have to say I agree with Just Mary on this. For a salaried worker OT is not the norm and when it does get paid it is often only at basic rate or as TOIL. I think on this occasion you are the one who is unaware of the state of affairs where working conditions are concerned. Most companies, even the big multinationals who are 'good' companies to work for and give other perks and benefits, are reluctant to pay OT unless absolutely necessary.

    And lets be realistic...there are not as "many better places out there" as you claim. Getting any job at the moment is fight of the fittest, and as a result people are more likely to sign a contract which expressly excludes OT and employers know this. If you don't like it there is a queue of people behind you to take the offer. It is unfair, but it is a reality.


  • Registered Users, Registered Users 2 Posts: 26,291 ✭✭✭✭Mrs OBumble


    It is normal enough to get TOIL or payment for any overtime. I have a theory for why Justmary thinks it is abnormal. They work in a place where there are no such payments with other people who accept such standards. People like the OPs partner end up joining these companies and leaving for the many better places out there when they realise what the status quo is in that particular company. The only people left are the doormats which management have managed to convince that they are working in a normal company.

    I'm you think I'm a doormat, you're living on another planet. :D

    I've worked in lots of companies, here and overseas.

    In my very first salaried role, I did actually get paid for some weekend work. That was because my low salary was below the "overtime bar" - yes, the contract there did expicitly say that overtime was paid if you earned less than I think the equiv of E23k.

    Once my salary went above that, though, OT was certainly not paid. But we got several perks, the most important being TOIL and a relaxed management attitude to timekeeping. Sometimes, being allowed to arrive an hour later in the morning is worth more to a person than three hours pay. And being able to do it unofficially, without needing a manager to approve the TOIL request in advance is worth a lot too.

    Another aspect that you're ignoring is that most salaried jobs are a bit harder to measure. The OPs partner's situation is unusual, because tests take a certain number of minutes to take so the time requirements can be calculated. But for most salaried roles, the time taken depends on all sorts of factors, including the degree of personal focus. Sometimes if I really put mind to it, I could get a job done in the normal hours - but choose not to, so that I can spend 15 minutes reading boards, for instance.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    JustMary wrote: »
    Sometimes, being allowed to arrive an hour later in the morning is worth more to a person than three hours pay. And being able to do it unofficially, without needing a manager to approve the TOIL request in advance is worth a lot too.
    +1
    totally agree - for me knowing that I won't be balled out of it if I get stuck in traffic and am late by 30 mins is worth more than getting paid a few hours OT. By the time the tax man gets his cut there is little point in doing OT unless I can clock up 10+ hours. But knowing that my manager is flexible and accommodating, and that I can be a bit late on occasion, or take an extra hour at lunchtime to get some things sorted is worth more than the equivalent 2 hours OT I could get paid.


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  • Registered Users, Registered Users 2 Posts: 9 pikiey


    Little Ted wrote: »



    And lets be realistic...there are not as "many better places out there" as you claim. Getting any job at the moment is fight of the fittest, and as a result people are more likely to sign a contract which expressly excludes OT and employers know this. If you don't like it there is a queue of people behind you to take the offer. It is unfair, but it is a reality.

    She got new job in 2 weeks of searching...
    It is really not as bad as media wants us to see it ;)
    Her employer, when started complaining why she is leaving heard - "AFAIK there is plenty of CV on your desk, so - use them" :D

    I'd like to thank you all for participating in this thread, it was a great help for us, really!
    Best of luck for every one!


  • Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    JustMary wrote: »
    I'm you think I'm a doormat, you're living on another planet. :D

    I've worked in lots of companies, here and overseas.

    In my very first salaried role, I did actually get paid for some weekend work. That was because my low salary was below the "overtime bar" - yes, the contract there did expicitly say that overtime was paid if you earned less than I think the equiv of E23k.

    Once my salary went above that, though, OT was certainly not paid. But we got several perks, the most important being TOIL and a relaxed management attitude to timekeeping. Sometimes, being allowed to arrive an hour later in the morning is worth more to a person than three hours pay. And being able to do it unofficially, without needing a manager to approve the TOIL request in advance is worth a lot too.

    Another aspect that you're ignoring is that most salaried jobs are a bit harder to measure. The OPs partner's situation is unusual, because tests take a certain number of minutes to take so the time requirements can be calculated. But for most salaried roles, the time taken depends on all sorts of factors, including the degree of personal focus. Sometimes if I really put mind to it, I could get a job done in the normal hours - but choose not to, so that I can spend 15 minutes reading boards, for instance.
    I stand by my doormat comment. Read the very first post in the thread and then the bit where this person was required to work ten hours extra every week and to come in on sundays for no extra pay or other benefits. Your reply was to completely accept the situation as normal. So you would have stuck it out to get pissed on but this person refused to and is now in a much better place.
    The race to the botom crowd are a dangerous lot and should be taken to task at every available opportunity. These are the people who are taking away the sunday afternoon with your children in a bid to get one over on each other. Despicable lot.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    I stand by my doormat comment. Read the very first post in the thread and then the bit where this person was required to work ten hours extra every week and to come in on sundays for no extra pay or other benefits. Your reply was to completely accept the situation as normal. So you would have stuck it out to get pissed on but this person refused to and is now in a much better place.
    The race to the botom crowd are a dangerous lot and should be taken to task at every available opportunity. These are the people who are taking away the sunday afternoon with your children in a bid to get one over on each other. Despicable lot.

    I totally agree that the treatment of workers in this company is despicable, and that inorder for it to stop that people need to stand up for themselves. However I feel you are unfairly harsh on Just Mary, from my reading of it she was advising that no you can't just walk out due to this, and that contractual agreements would stand (i.e if no OT is stipulated in the contract then not a lot you can do about it other than argue on your own behalf for better treatment). As I read it, Just Mary was advising that whilst it is unfair it is quite normal for OT not to be given and for companies to take advantage of this clause of a contract. It is indeed a nasty way to treat people, but legally it is allowed.

    As Irish_Elect_Eng also agrees, it is normal practice but that how it is dealt with is variable and a lot depends on what you are prepared to accept and what your relationship is like with management.
    Perfectly Normal for salaried employees to work unpaid overtime without extra pay.

    It does vary quite a bit in how the companies deal with this however.

    Some folks used to the "unwritten rules" of working for a wage take a bit of time to adjust to the new "unwritten rules" of a salaried worker. Do not make a fuss, it will only damage her promotion opportunities, it is all part of the game.

    The key here is how often this is expected and the give an take associated with this flexibility. As another poster said, if this is every week then find another job, if this is occasional then these times are the time to step up and impress her boss.

    In general, I rarely ask my team to work overtime, perhaps late 1-2 nights every 4 months, but they often do so on their own to get urgent tasks done 1-2 nights per month. If I ask them to work whole days at the weekend I normally give time-in-lieu, but that is not in their contract, that is my disgression as a manager.
    pikiey wrote:
    She got new job in 2 weeks of searching...
    It is really not as bad as media wants us to see it wink.png
    I'm delighted that your wife got a new job so quickly, and while I do agree that the media are not the most reliable source of information, I think for many people it IS as bad and maybe even worse than they portray it. Your wife is lucky that timing was on her side and she had the skills needed and was of an 'employable age' to get a new job. Not everyone has those advantages - people who have only been in one place since leaving school, older employees, in some places non-national workers, people who are just generally not confident, people in certain sectors - for them finding employment is a dog eat dog business. And it is just these people that employers are only too willing to exploit.

    No one likes to be a doormat, and I agree with Gary that allowing bad treatment means you are partially responsible for your situation, but there are people out there who just don't have the ability/ opportunity/ confidence to say no. Fear of unemployment is the unscrupulous employers biggest weapon.

    But having said all that, my point regarding cost of OT still stands. Within reason salaried workers should not be paid overtime if the company cannot afford it - the additional PRSI and annual leave needs to be also factored in. However there must be a limit as to what an employer expects an employee to do outside of their contracted hours. A decent employer will consult staff and where possible reach an agreement acceptable to both parties. An unscrupulous employer won't bother their arse to ask and won't care if you walk. Unfortunately, that is the way of the world.


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