forced night shift

TheW

hi,
my employer is trying to force me to work nighy shift and I am wondering if this lega? also is there a minimum time period he has to give me to readjust to day shift afterwards? he has only given me one day off!
thanks!
Ali

irishgeo

TheW wrote: »

hi,
my employer is trying to force me to work nighy shift and I am wondering if this lega? also is there a minimum time period he has to give me to readjust to day shift afterwards? he has only given me one day off!
thanks!
Ali

Looks like its in the rules.
http://www.employmentrights.ie/en/informationforemployees/workinghours/

Working Hours

The maximum an employee should work in an average working week is 48 hours. This working week average should be calculated over a four-month period. There are however some exceptions to this average period.

Breaks

Employees are entitled to;

A daily rest period of 11 consecutive hours per 24 hours
A weekly rest period of 24 consecutive hours per seven days, following a daily rest period
A 15-minute break if working 4.5 hours.
A 30-minute break if working six hours.
Payment for breaks is not a statutory entitlement. Some industries are covered by Registered Employment Agreements (REA's) and Employment Regulation Orders (ERO's), which may contain regulations regarding breaks.

Sundays

If not already included in the rate of pay, employees are generally entitled to a premium payment for Sunday working or paid time off in lieu. Some industries have REA’s containing regulations on Sunday working. Where there is no collective agreement in place, the employer should look at the closest applicable collective agreement, which applies to same or similar work under similar circumstances, which provides for a Sunday premium.

TheW

irishgeo wrote: »

Looks like its in the rules.
http://www.employmentrights.ie/en/informationforemployees/workinghours/

im not sure that really answers my question?

ldxo15wus6fpgm

Is it in your employment contract?

TheW

Emmeline Shy Rafter wrote: »

Is it in your employment contract?

nope! nothing in my contract about night work! 9pm to 6am if that makes a difference!

Procrastastudy

TheW wrote: »

im not sure that really answers my question?

It does answer your question in all honesty. If it doesn't then a visit to the linked website would.

schemingbohemia

Procrastastudy wrote: »

It does answer your question in all honesty. If it doesn't then a visit to the linked website would.

The first quote doesn't actually provide the OP with the answer to the question.

The linked site does but it's still a bit tenuous.

OP your terms of employment should include along with the hours of work the following

Note 7 – HOURS OF WORK – Employers must give details about the terms and conditions relating to hours of work including overtime; this should include arrangements in relation to length of normal working hours, Saturday/Sunday work, evening work, shift rotas or other such arrangements, as appropriate, and details of rest breaks and rest periods under the Organisation of Working Time Act, 1997.

From here
http://www.employmentrights.ie/en/informationforemployers/termsofemployment/

As your employers didn't include this, then they are in breach of their statutory obligations, if you ask for new terms of employment they could decide to just put you permanently on night shift. You'd be best off talking to your union if a member.