Travel for work, but work want me to place hours I miss travelling. Allowed?

xpletiv

Need to travel for work reasons, which is from here to the US, which will mean I will miss 16 hours of work. They have stated that they want us to place these hours missed into other areas. This is an American Company but we are the support arm located in Ireland.

Can they ask me to do this?

Paulw

What does it say in your employment contract?

xpletiv

I dont see any section in my contract that would have to do with travelling specifically. This is the best I have:

LOCATION
Your usual place of work will be at the Company’s office in Dublin. However, the Company reserves the right, and by this contract you hereby agree, to carry out your work, at such location in Ireland as the Company may reasonably require, from time to time.
You shall be required to travel to such places (whether inside or outside Ireland) and in such manner and on such occasions as the Company may from time to time require in pursuance of your duties under this contract.

WORKING HOURS

Normal Working Hours
Your normal hours of work will be from (9 a.m. to 6 p.m., Monday to Friday)**, with one hour for lunch each day. However, you will be required to be flexible in relation to your hours of work and consequently you may be required to work outside of these times if notified by your Supervisor or Secretary (until otherwise advised). You may be required to work additional hours depending on the needs of the Company. This may include a requirement to work evenings or weekends where necessary. You will not be entitled to any additional remuneration in respect of such additional hours of work.

xpletiv

Any thoughts anyone?

coylemj

Doesn't this clause answer your question...

You may be required to work additional hours depending on the needs of the Company. This may include a requirement to work evenings or weekends where necessary. You will not be entitled to any additional remuneration in respect of such additional hours of work.

krd

xpletiv wrote: »

Need to travel for work reasons, which is from here to the US, which will mean I will miss 16 hours of work. They have stated that they want us to place these hours missed into other areas. This is an American Company but we are the support arm located in Ireland.

Can they ask me to do this?

That is honestly really taking the piss. Days traveling for work, are universally considered work days. Especially international travel. You couldn't compare the bus ride from Termonfeckin to work, to Dublin to New York.

Check with your human resources, some manager is obviously making some kind of mistake............If they're not....hit the mini-bar and go crazy.

dudara

Can you clarify what you mean by "They have stated that they want us to place these hours missed into other areas." Are you expected to code the travel time differently on your timesheets?

xpletiv

Yes; they want me to work in the hours being missed from travelling, being 2 days, so 16 hours in total, at other times in the week.

This hasnt been expected before anywhere else Ive been before. So I thought this was suspect.

Peregrinus

You're an employee, right? As an employee, your employer has the right to control your work day - you not only do what your employer says, but you also do it how your employer says. This is one of the tests that helps to distinguish between an employee and an independent contractor.

So, your employer says "sit for five hours on a plane travelling from Dublin to New York". While you're doing what your employer directs you to do, you're working, and you're entitled to be paid.

The thing is, your contract stipulates that "you may be required to work addtional hours", and that "you will not be entitled to any additional remuneration in respect of such additional hours", and on the face of it that provides a basis for the employer to require you to work extra hours equivalent to the time you spent travelling, and not pay you for it. But I think a court or tribunal would say that this clause has to be interpreted and applied reasonably. It may be reasonable for an employer to require extra hours to meet a seasonal rush, or to make a deadline, or because the office is temporarily short-staffed and client needs must be met. It's less reasonable for him to require you to work extra hours because he required you to work some of your regular hours doing non-revenue-generating things like flying to New York.

Victor

xpletiv wrote: »

Yes; they want me to work in the hours

If you stopped using jargon like "work in" people might be able to understand you and help you.

They can ask anything they want.

If they want you to work your normal number of hours and you get nothing for travel time of being away, that would be a bit rich if it happened more than a few times per year. Some flexibility is expected from salaried workers.

If they want you to work your normal number of hours + the 16 hours and you get nothing for travel time of being away, then it would be reasonable to seek days off in lieu or extra pay - when it comes to billing the client / head office, they won't be so slow in charging. When it comes to you negotiating for the company, they will expect you to perform, so you shouldn't have to under-perform when it comes to pay.

Can you work on the plane?

Reloc8

I don't get it - you seem not to be paid by the hour.

That being so your contract says you're not entitled to be paid for working outside 'normal hours' and that they can require you to work outside those hours (that's subject to reasonableness in the usual way).

But if you're on a flat rate salary i.e. you get paid x regardless of whether you do 40 or 60 hours in the week the significance of 'making up the hours' lost while traveling is not apparent to me.

Moreover and in any event your contract says they can require you to work weekends/additional hours without extra pay (that's subject to reasonableness of course).

Is it that they're telling you you will lose a holiday/leave entitlement or something ? If so assuming the travel here is entirely and strictly part of your employment I would think you have a legitimate complaint as the right to require you to work additional hours without pay must be linked to the exigencies of the job - i.e. when necessary as opposed to simply to 'make up' hours traveling for work.

monkeypants

I found myself in a similar situation at the beginning of last year. The final arrangement was time for time. I had to ask more than once, but I persisted and in the end received an extra nine days in my holiday entitlement.