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Short time

  • 17-12-2012 12:53pm
    #1
    PremierDeise
    Closed Accounts Posts: 259 ✭✭


    Ok heres the scenario:

    Im working in a call centre with numerous campaigns.On my specific campaign I have been told there is no work over the xmas so I am off - Without pay!!!
    I would have used holiday hours to cover it but we were made take all holidays owing before december 1st.
    The other option is that I can work in a different department IF the work is available.
    The problem is at the moment as far as i am aware there is no work available within the different area.
    Do I qualify for redundancy if my hours are below a certain level next week?
    What are my options?


Comments

  • #2
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    How long have you been working there, and what does your contract say about hours/short time?


  • #3
    PremierDeise
    Closed Accounts Posts: 259 ✭✭PremierDeise


    LyndaMcL wrote: »
    How long have you been working there, and what does your contract say about hours/short time?


    I am working there 2 and a half years and the contract is a 25-39hour permanent contract.


  • #4
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    PremierDeise wrote: »
    I am working there 2 and a half years and the contract is a 25-39hour permanent contract.

    Does your contract say that hours can be cut if the company needs to do that?

    I'm not extremely knowledgable on short time and lay off, but I grabbed the following from the citizen's info site, it might be of use to you -

    Alternatively your employer may lay you off or put you on short time for a number of weeks. A lay-off situation arises where your employer is temporarily unable to provide work for you. A short-time situation arises where, due to a reduction in the amount of work to be done, your pay or hours are less than half the normal weekly amount. In both cases these must be temporary situations and your employer must notify you before they start, ideally by using Part A of form RP9 (pdf). Your employer can lay you off or put you on short time if it is in your contract of employment or it is custom and practice in your workplace. Otherwise your employer should not lay you off or put you on short time without your agreement. However if you do not agree you may be made redundant.

    Claiming redundancy: If a lay-off or a short-time situation has continued for 4 weeks or more, or for 6 weeks in the last 13 weeks, you may claim a redundancy lump sum. If you claim redundancy in this way you are considered to have left your job voluntarily and therefore you will lose any right to notice or pay in lieu of notice from your employer. However if you have been laid off and you are subsequently made redundant by your employer you do not lose your notice entitlements.

    Duration of lay off or short time: If you do not wish to claim redundancy but the lay-off or short-time situation continues, the question arises as to whether it is a temporary situation. If it becomes apparent that it is no longer temporary then the situation is now a redundancy rather than a lay-off or short-time working. It is the employer who initially decides whether or not there is a redundancy situation. If there is a dispute about this it should be referred to the Employment Appeals Tribunal to make a decision.


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