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Overtime Question

  • 15-03-2013 3:27am
    #1
    irishdarkness
    Registered Users, Registered Users 2 Posts: 2 ✭


    I was wondering if anyone could tell me how overtime works or if there is any laws regarding it?
    I used to work 36 or 38 hour weeks and the last 2-3 months ive been working 48hr weeks and some 52 and 56 hour weeks and have a 60 hour week at the end of this month. I seem to get paid a flat rate regardless of the hours of which at least half are night shifts.
    Is all this normal, just wanted to know.
    Any replies appreciated


Comments

  • #2
    tatli_lokma
    Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    First off there is a maximum working week allowable which is 48 hours. This is calculated as an average over a period of time.
    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.
    The legislation also lays down rules for night workers, minimum breaks and rest periods. There are also special provisions in relation to Sunday working.

    If you have been consistently working in excess of the stipulated limit then your employer is breaching the law. IF you feel it would be worth pursuing NERA (Workplace relations) would be the people to talk to.

    As far as O/T goes, there is no legal requirement to pay more than the flat hourly rate or give you paid time in lieu for it.
    citizensinformation.ie wrote:
    Overtime
    Overtime is work done outside normal working hours. There is no statutory obligation on employers in Ireland to pay employees higher rates, for example, double time, for work completed in overtime. You must, however, receive at the very least your normal hourly rate of pay for overtime. Certain sectors of employment were covered by Employment Regulation Orders and Registered Employment Agreements and may have higher rates of pay for overtime.


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