Does this sound dodgy to you?

ebixa82

I currently work for a company that pay by the hour. The company was in examinership last year but got out by closing 4 under performing shops and the owner pumping his own funds to keep it afloat. However, nothing changed and they are back to their old ways, owing bills all over the place, pro forma terms etc.

Anyways, we got a letter last week to say that from now on we would be paid a salary. Due to the nature of my job, my hours vary greatly, 40-50 hours per week.

Apparently a set weekly hours will be allocated to you. Then anything you do above or below this will be added/subtracted in 6 months.

If I work a Bank Holiday I normally get time and a half (for 6 hours) plus 8 hours. i.e. 17 hours. On a normal Monday I get paid for 10 hours. So that's an extra 7 hours.

According to this new salary system I won't get paid the 7 hours for 6 months.

I wouldn't mind too much but should this company shut down between now and the 6 months, I can say bye bye to hours owed.

Is this even legal?

Thanks in advance

m.j.w

ebixa82 wrote: »

I currently work for a company that pay by the hour. The company was in examinership last year but got out by closing 4 under performing shops and the owner pumping his own funds to keep it afloat. However, nothing changed and they are back to their old ways, owing bills all over the place, pro forma terms etc.

Anyways, we got a letter last week to say that from now on we would be paid a salary. Due to the nature of my job, my hours vary greatly, 40-50 hours per week.

Apparently a set weekly hours will be allocated to you. Then anything you do above or below this will be added/subtracted in 6 months.

If I work a Bank Holiday I normally get time and a half (for 6 hours) plus 8 hours. i.e. 17 hours. On a normal Monday I get paid for 10 hours. So that's an extra 7 hours.

According to this new salary system I won't get paid the 7 hours for 6 months.

I wouldn't mind too much but should this company shut down between now and the 6 months, I can say bye bye to hours owed.

Is this even legal?

Thanks in advance

Ive no idea if thats illegal or not but it should be. Sounds very dodgy

Mr. Loverman

"Changes to your contract of employment can occur due to a change in the law, but otherwise, changes must be agreed between your employer and yourself. Neither party can unilaterally decide to change the contract. This requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law."

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/change_job_contract.html

tatli_lokma

It is definitely not acceptable to pay people 6 mths in arrears for Overtime or public holidays.

You are entitled to be paid on time as part of your contract of employment. If you are not you can either make a complaint under the Terms of Employment (Information) Act 1994 and 2001 and/or the Payment of Wages Act 1991.

The options for Public holidays are:
•A paid day off on the public holiday
•An additional day of annual leave
•An additional day's pay
•A paid day off within a month of the public holiday


Given that the paid day off must be within a month of the holiday, I would argue that it is also reasonable to expect that payment for said Public holiday be within a month.

The important thing here will be your new contract. Before accepting it, read clearly what the T&C's on public holidays and overtime are - bearing in mind that there is no obligation to pay any premium for overtime, nor is there any obligation to pay for public holidays (they can just give you an extra days leave - essentially the same thing, but it means if you are used to working a public holiday and having a bit extra cash that month, this will change).

Ultimately, if you sign the new contract and it states that they will be initiating new policies for public hols and OT then you will be accepting these terms. This is totally your choice - if you don't accept the new contract you may end up without a job, so it might be worth making a compromise.

But I would not compromise on the waiting 6 mths for your money malarkey - if a company has gone into examinership already, then basically it sounds to me like they know they can't meet their wages bill and are hoping that by the time you are due to be paid it won't be their problem anymore. It is hard enough to get unpaid basic wages in these situations, let alone OT. And also bear in mind that in order for you to get your OT they will be relying upon work and time records, which may or may not be accurate.

If you already are in a union I would be getting them involved and if you aren't I would be joining one sharpish.

ebixa82

Thanks for all the input.

I phoned the girl who does the wages and she has no real idea how it is meant to work. It is something that the boss (who is not Irish) says works in his country of origin.

Funny, there was no mention of new contracts being written up.

Will have to wait and see how it plays out.

Not gonna risk losing my job over it by not signing a new contract.