Moonlighting also Union Dues

Seanieke

My friend went for a job interview today and was told the following -

"Employees shall not work without the concent in writing of the Company at any time either solely or jointly with or as manager or agent for any other person, directly or indirectly carry on or be engaged with or be concerned or interested in any business, trade or calling other than that of the company. Any breach of this rule is likely to be considered gross misconduct justifing immediate dismissal from employment"

And when he asked he was told the Company WOULD NOT consent in writing....

Why would they have a problem with a second job? It's as a tradesman, not a CIA Operative with world secrets.

ALSO

"All qualified personal are required to hold current union cards for the TEEU"

I thought being in the Union was a choice matter?


Just looking for some thoughts on all this I guess.
Thanks

BuffyBot

Why would they have a problem with a second job? It's as a tradesman, not a CIA Operative with world secrets.

"The price for x is €500. But I could come back tonight and do it cash in hand for €300"

Procrastastudy

If he's working another job how are either employer meant to know if they are conforming with the Organisation of Working Time Act? I am making the assumption this job it full-time of course.

That aside maybe they just want people bright eyed and busy tailed.

The Union one is beyond my knowledge but sets alarm bells ringing right enough! Its a Constitutional right not to be a member of any particular union. Maybe there is some Labour court thing that allows them to get away with it.

Seanieke

BuffyBot wrote: »

"The price for x is €500. But I could come back tonight and do it cash in hand for €300"

The scale of the job in question would rule out any possability of this happening. But yes on a smaller scale job I would agree that would be a problem and understand it.

Seanieke

Procrastastudy wrote: »

Its a Constitutional right not to be a member of any particular union. Maybe there is some Labour court thing that allows them to get away with it.

Interesting, could anyone shed some more light on this? It's only a 6 month contract, I cant see how the union can do much in that scale of time except take money. They don't even post their weekly subs on their website?!

Procrastastudy

Seanieke wrote: »

Interesting, could anyone shed some more light on this? It's only a 6 month contract, I cant see how the union can do much in that scale of time except take money. They don't even post their weekly subs on their website?!

I can but with a couple of disclaimers - I'm not trying to give you legal advice nor am I qualified to. Next I'm not trying to incur the wrath of the Moderators by having a legal discussion.

Article 40.6.1 protects inter alia (amongst other things) the right of freedom of association. There have been two major cases I'm aware of, where the freedom of disassociation was found as a corollary right. One was where there was an attempt to force teachers into a particular union and another involved CIE terminating employees and immediately rehiring them on the basis of being a member of one of four trade unions. I'm not sure either really fit the situation here and it's beyond my knowledge to really direct you any further. I just thought it was odd that an employer would try and force membership of a union. For all I know though it's perfectly fine and standard practice.

Sorry I cant be of anymore help - I'd try and have a word with someone in a trade union if at all possible.

Meathlass

I worked for 2 weeks in Superquinn over Christmas a few years ago. When I was filling in all the forms for HR there was also a Union form which I ignored (Mandate I think) I was told that it was company policy that all employees join the union and they would not be able to employ me unless I joined the union.

Think they took about 8 euros off me for the two weeks I was there. :rolleyes:

Eoin

Procrastastudy wrote: »

If he's working another job how are either employer meant to know if they are conforming with the Organisation of Working Time Act? I am making the assumption this job it full-time of course.

That's what sprung to my mind as well.

Procrastastudy wrote: »

I can but with a couple of disclaimers - I'm not trying to give you legal advice nor am I qualified to. Next I'm not trying to incur the wrath of the Moderators by having a legal discussion.

Just to clarify this. There is nothing wrong with quoting legislation, links to useful websites and all that good stuff. It's the "you definitely have a case" / "you should sue them" type advice that is not to be posted.

Predalien

Procrastastudy wrote: »

If he's working another job how are either employer meant to know if they are conforming with the Organisation of Working Time Act? I am making the assumption this job it full-time of course.

As long as the company give the requisite rest periods for the employment they provide, is it any of their business what an employee does outside of their working hours? Plenty of people have second jobs.

Eoin

Predalien wrote: »

As long as the company give the requisite rest periods for the employment they provide, is it any of their business what an employee does outside of their working hours? Plenty of people have second jobs.

From the working time act - apparently this limit does not just apply to the hours that the employee works for them, so includes second jobs.

15.—(1) An employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period (hereafter in this section referred to as a “reference period ”) that does not exceed—

(a) 4 months, or

(b) 6 months—

(i) in the case of an employee employed in an activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or

(ii) where due to any matter referred to in section 5 , it would not be practicable (if a reference period not exceeding 4 months were to apply in relation to the employee) for the employer to comply with this subsection,

or

(c) such length of time as, in the case of an employee employed in an activity mentioned in subsection (5), is specified in a collective agreement referred to in that subsection.

Predalien

Never realised that, thanks.

Mrs OBumble

Predalien wrote: »

As long as the company give the requisite rest periods for the employment they provide, is it any of their business what an employee does outside of their working hours? Plenty of people have second jobs.

I don't know about specific Irish laws.

But in general, as companies become more liable for occupational stress, they get more interested in knowing what else is going on in your life, and ensuring that you are in fact resting, or at least not doing anything that would stop you from resting. They can't stop your cat from dying, kids from getting into trouble or mother from getting old. But they can protect you from some stuff.

There are also some issues around conflict of interest in some areas, too.

And most employment contracts or policies require that you don't do anything that brings the company into disrepute.

Eg if you work for Sam's Quality Plumbing as your main job, but do side jobs for Bob's Quick and Dirty Plumbing on the weekend, it's going to make someone look bad if Sam sends you out on Wednesday to fix the same job that Bob f*ed up over the weekend.