UNPAID WAGES for NCHDS - The Way Forward

drzhivago

There has been a lot of chat here regarding Unpaid wages

It would appear as if many here are either not IMO members or do not know how to use the Union for their effect

At this point moaning on boards or politics.ie wont help

You need to act or just accept what is happening

One thing you can do, very simple is make a complaint under the Payment of Wages Act to the Rights Commissioners and they have to Act on this

These are the same people who have overseen the last few NCHD contracts and their supposed implementation, it may be time for the body to reap what it has sown. In each of these negotiations the IMO has asked the LRC to oblige the HSE to honour their side of agreements. Each time the HSE and its reps have feigned disgust and challenged the fact that they werent implementing and have said of course they will

Here now the LRC can put this into action.

WHAT YOU NEED TO DO

• Get your contract
• Get copies of overtime forms submitted
• Get ALL your payslips
• Download the payment of wages claim form from the LRC website and distribute widely among your NCHD colleagues - http://www.lrc.ie/documents/work/newforms/PaymentWages.pdf
• Complete form and await the fallout - which will either be a windfall in pay or a refusal by the LRC to deal with the volume of complaints

Wages are defined as

• Normal basic pay as well as overtime
• shift allowances or other similar payments
• any fee bonus or commission
• any holiday, sick or maternity pay
• any otehr treun or payment for work (whether made under contract of employment or otehrwise) and
• any sum payable in lieu of notice of termination

Non Payment of wages or any deficiency in the amount payable is regarded as an unlawful deduction from wages UNLESS the deficiency is attributable to an error of computation

NOTE COMPLAINTS MUST BE MADE WITHIN 6 MONTHS of the date of deduction

NOTE Authorised officers have power to enter premises inspect documents and take copies of them and to require the giving by any person of relevant information.


This is an easy process. Best done in large groups and the onus should then be on the LRC to inspect the premises and sort some other issues out like your hours etc

drzhivago

http://www.employmentrights.ie/en/

To contact NERA click here . Lo-call 1890 80 80 90 or + 353 (0) 59 9178990

This group have the authority to come investigate and prosecute

This is another option, one or two people to make a complaint and demand an inspection could sort this out, you can ask them if they will respond to an anonymous phone call

drzhivago

116 views and no responses

Everyone must be getting fully paid!!!

ThatDrGuy

I've just gotten in touch with NERA asking them to do a workplace inspection of the hospital where I used to work. Initally they were enthustiastic about raiding the place - 60 hour straight shifts ?!?! not being paid ?!? not allowed sick days ??! When I told them I was a doctor there, they deflated quickly. They said they could "investigate" but it really was a "management issue" that we had to sort out through the "proper channels". They asked me to write them a letter which I have done. Lets see what happens.

drzhivago

ThatDrGuy wrote: »

I've just gotten in touch with NERA asking them to do a workplace inspection of the hospital where I used to work. Initally they were enthustiastic about raiding the place - 60 hour straight shifts ?!?! not being paid ?!? not allowed sick days ??! When I told them I was a doctor there, they deflated quickly. They said they could "investigate" but it really was a "management issue" that we had to sort out through the "proper channels". They asked me to write them a letter which I have done. Lets see what happens.

Well done 1st step to redemption

Would you respond with name of hospital, I can get her legal indoors to follow up and one or two journos

Have you written formally to them yet, and when was this

ThatDrGuy

St James's. I emailed them this morning as they asked. Nothing complex - Illegal working hours, no rest breaks, unpaid working, breech of contract etc. Saw one the cardiologoly Regs there a few weeks ago after a sat/sun/monday 60 hour "shift". She was so exhausted she was dry heaving into her coffee and shaking. Just 4 more 12 hour days and she gets to do another 32 hour "shift" the lucky devil.

drzhivago

ThatDrGuy wrote: »

I've just gotten in touch with NERA asking them to do a workplace inspection of the hospital where I used to work. Initally they were enthustiastic about raiding the place - 60 hour straight shifts ?!?! not being paid ?!? not allowed sick days ??! When I told them I was a doctor there, they deflated quickly. They said they could "investigate" but it really was a "management issue" that we had to sort out through the "proper channels". They asked me to write them a letter which I have done. Lets see what happens.

Next steps here then

• complete the formal complaint procedure
• Await their reponse to you, they should have time frame for how long it takes to respond
• If they say theya re not investigating ask for all corrpsondence relate dto your complaint under freedom of information
• When they give you this complain to the Ombudsman and ask for a meeting

ThatDrGuy

drzhivago

ThatDrGuy wrote: »

St James's. I emailed them this morning as they asked. Nothing complex - Illegal working hours, no rest breaks, unpaid working, breech of contract etc. Saw one the cardiologoly Regs there a few weeks ago after a sat/sun/monday 60 hour "shift". She was so exhausted she was dry heaving into her coffee and shaking. Just 4 more 12 hour days and she gets to do another 32 hour "shift" the lucky devil.

Please keep us updated with all stages of the response
There are things I cannot do but there are certainly things I can do

opinion guy

Found this, quite randomly, in the dental forum:

http://www.newstalk.ie/2012/programmes/all-programmes/breakfast/consultant-michael-o-keefe-on-hse-cuts/

Near the end he talks of rumour of wages not being paid end of the year

drzhivago

opinion guy wrote: »

Found this, quite randomly, in the dental forum:

http://www.newstalk.ie/2012/programmes/all-programmes/breakfast/consultant-michael-o-keefe-on-hse-cuts/

Near the end he talks of rumour of wages not being paid end of the year

Heard it
wouldnt put much stock in it yet
If it does happen it will be all and then the Troika come in and take over the country as Government not paying bills

Off topic for here

what are you guys doing about your pay

Bella mamma

drzhivago wrote: »

116 views and no responses

Everyone must be getting fully paid!!!

I did well so with ONE!! http://www.boards.ie/vbulletin/showthread.php?p=71238310

ThatDrGuy

Well, I got a reply. They pointed out to me that they cannot process collective disputes.

"2) Referring a collective dispute for decision by the relevant authorities,"

He said any such dispute would have to be taken up by the employee's representative body. He helpfully sent me links to IMO.ie and medicalcouncil.ie
The implied message was that if our own union doesn't care about our working conditions - why should they.

opinion guy

ThatDrGuy wrote: »

Well, I got a reply. They pointed out to me that they cannot process collective disputes.

"2) Referring a collective dispute for decision by the relevant authorities,"

He said any such dispute would have to be taken up by the employee's representative body. He helpfully sent me links to IMO.ie and medicalcouncil.ie
The implied message was that if our own union doesn't care about our working conditions - why should they.

And the IMO will do nothing. They will take your details and tell you it is being dealth with at a group level. Discussions will remain mired in stagnation.
Thus you now understand how the IMO maintain the status quo in harmony with the HSE. Their mere existence prevents you from taking your own actions.
Unions have become self-serving entities that shaft individual members on an ongiong basis.

dissed doc

opinion guy wrote: »

And the IMO will do nothing. They will take your details and tell you it is being dealth with at a group level. Discussions will remain mired in stagnation.
Thus you now understand how the IMO maintain the status quo in harmony with the HSE. Their mere existence prevents you from taking your own actions.
Unions have become self-serving entities that shaft individual members on an ongiong basis.

This is completely correct. In summary:

1. The IMO has legislatively and constitutionally got the sole remit for junior doctors in Ireland. They are legally the only people that can negotiate and act on your terms.

2. The HSE is the sole employer. When they breach your employment contracts, the will refuse to enter negotiations with employees individually and instead refer to the IMO.

3. The IMO then continues to pretend to negotiate on things only at a national level and ignores individual employment contract breaches.

It's the complete anglophone-country administrative dominance of a situation and prevents any individual developments. The same action (i.e., inaction) is seen clearly by the BMA in the UK (recent unilateral actions by the NHS against pensions and salaries go completely unchallenged; as with the IMO, BMA ballots with overwhelming preference for strike action go ignored by the unions).

These unions exist constitutionally to package up doctors and prevent them from acting en-masse or individually against single state monopoly employers.

Professional Amateur

Reading these comments, I feel for ye guys! Junior doctors work ridiculously hard and do definitely earn every cent of overtime!!
I do understand where yer coming from (although those 60 hour shifts sound crazy:eek:)!!. Im due to start a hospital pharmacy internship soon, and have been told recently that it may not be paid at all due to the HSE cuts in July:mad:!! Im committed to the placement now at this stage since ive signed a 12month house lease etc, and its a bit late to be looking elsewhere. Kinda sucks cos its not what i signed up for back in April... My (future) boss is hopeful it will be solved in time though.. but theres no guarantee!
I really don't like the way the HSE (and subsequently hospital management) can just undermine healthcare professionals by not paying us! I mean we all worked hard to get where we are right?

Bella mamma

http://www.irishtimes.com/newspaper/health/2012/1106/1224326174700.html

In other news on overtime, The Bons in Glasnevin, which cut all overtime for nursing staff this year, has seen a huge reduction in its in-patient admissions as a knock on effect from customers cancelling their health insurance. They have now restricted nursing shifts on Sundays (double time) to 7.5 hours per full-time nurse, instead of the normal 13 hour shifts. It is expected they will shortly cut all Sundays for part-time staff. Sinking ship. Unfortunately. Great hospital.