Legal pay rates?

FaganJr

Hi
Maybe you guys can advise??

Is it legal in any circumstances to be paid €2 per hour?

I'm not saying this is per hour rate it more of a non negotiatable flat rate for fixed out of hours work, regardless of how much work you do? Like on call. All after hours and or weekends!

No contract, no terms & conditions?

Any thoughts appreciated.

Moonbeam

Yes and no.
It would be legal for a childminder in their own home or a dog sitter and similar jobs where you work for yourself but not for PAYE workers.

fasttalkerchat

FaganJr wrote: »

Hi
Maybe you guys can advise??

Is it legal in any circumstances to be paid €2 per hour?

I'm not saying this is per hour rate it more of a non negotiatable flat rate for fixed out of hours work, regardless of how much work you do? Like on call. All after hours and or weekends!

No contract, no terms & conditions?

Any thoughts appreciated.

No contract is the illegal part. If you're "self employed" and paid on commission its legal. Same if its an unpaid placement that covers fuel expenses only.

FaganJr

Moonbeam wrote: »

Yes and no.
It would be legal for a childminder in their own home or a dog sitter and similar jobs where you work for yourself but not for PAYE workers.

fasttalkerchat wrote: »

No contract is the illegal part. If you're "self employed" and paid on commission its legal. Same if its an unpaid placement that covers fuel expenses only.

I'm a full time PAYE worker, who would do normal working Hours but do on call at a flat rate so basically working mon - fri 24 hrs a day. Paid normally from 8 -5 but paid a flat rate of 150 for the week out of hours.

Do this 1 in 6 weeks.

Where do i stand on that?

Mrs OBumble

Are you actually working during the out-of-hours time, or just on call?

Do you get paid any more if you do get a call, and end up working a lot during the out-of-hours period?

FaganJr

Mrs OBumble wrote: »

Are you actually working during the out-of-hours time, or just on call?

Do you get paid any more if you do get a call, and end up working a lot during the out-of-hours period?

Your on call, but you get alot of calls which involve alot of work, for 24hr clients, so you can (and do) get calls at any time.

You get nothing extra for taking calls or time off in lieu, just flat rate.

seamus

So it sounds like it's not €2 per hour, it's a fixed on-call allowance. Strictly speaking it's perfectly legal - if this what you agreed to, then your 1 in 6 on call week forms part of your normal employment that you get your salary for.

Some people get no payment for overtime at all. €150 allowance is horrifically stingey, and if you are getting a lot of hours your employer needs to be wary of the rules around working times and minimum rest periods. For example, if you work 9 to 1730, then get called out of hours and work 2am to 5am, your employer cannot have you in work again at 9am. You must be given 11 hours consecutive rest in every 24 hours. If you are doing stupid levels of on call time they may also be in breach of the maximum working time - you cannot work more than an average of 48 hours per week.

tatli_lokma

seamus wrote: »

they may also be in breach of the maximum working time - you cannot work more than an average of 48 hours per week.

This is not strictly correct. Yes the maximum working week is 48hours, but this can be calculated as an average over a period of time. It does not mean that if in one week out of six you work more than 48hrs your employer is breaking the law.

See here:

citizensinformation.ie wrote:

The Organisation and Working Time Act 1997 states that the maximum average working week for many employees cannot exceed 48 hours. This does not mean that a working week can never exceed 48 hours, it is the average that is important. The average may be calculated in one of the following ways:

• Over 4 months for most employees
• Over 6 months for employees working in the security industry, hospitals, prisons, gas/electricity, airport/docks, agriculture and employees in businesses which have peak periods at certain times of the year such as tourism.
• over 12 months where there has been an agreement between the employer and the employees to this effect. The agreement between employer and employees must be approved by the Labour Court.

The calculation of 48 hours does not include annual leave, sick leave or maternity/adoptive/parental leave.

FaganJr

Little Ted wrote: »

This is not strictly correct. Yes the maximum working week is 48hours, but this can be calculated as an average over a period of time. It does not mean that if in one week out of six you work more than 48hrs your employer is breaking the law.

See here:

Thanks for the replies guys, it's all stacked in favour of the employers, time to get the CV out again.....

2Mad2BeMad

does this max 48 hours a week include a 2 month temp work ?
i was sometimes doing 60 hours a week , alot of over time was involved (luckily was paid for it at my normal per hour rate)