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Sunday Work Entitlements

  • 06-06-2013 10:27am
    #1
    PremierDeise
    Closed Accounts Posts: 259 ✭✭


    On what basis would a company (e.g a Call centre) be exempt from paying extra(i.e. Time and a third) for Sunday work to employees where the Sunday forms part of the 39 hour week?


Comments

  • #2
    Frynge
    Registered Users, Registered Users 2 Posts: 1,667 ✭✭✭Frynge


    On the basis that the Sunday premium is no longer a defined amount. I think.


  • #3
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    PremierDeise wrote: »
    On what basis would a company (e.g a Call centre) be exempt from paying extra(i.e. Time and a third) for Sunday work to employees where the Sunday forms part of the 39 hour week?

    Unless a premium is included in a contract or a sector agreement (recent case the sector agree my may no longer have effect) there is no statutory basis for a premium for Sunday work or over time.


  • #4
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    LOL I think I was just sat next to you if you posted this from work. Are you having issues with a certain checker we use at the moment?

    Sunday premium is paid in salary in some cases.


  • #5
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    ResearchWill wrote: »
    Unless a premium is included in a contract or a sector agreement (recent case the sector agree my may no longer have effect) there is no statutory basis for a premium for Sunday work or over time.

    Would a minimum wage or hourly worker not be covered by Section 14 of Organisation of Working Time Act, 1997?

    I'm probably just not reading it correctly.


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    LowKeyReturn wrote: »
    Would a minimum wage or hourly worker not be covered by Section 14 of Organisation of Working Time Act, 1997?

    I'm probably just not reading it correctly.

    Section 14 sets out how a person who normally does not have to work Sunday but is now required to work a Sunday can be compensated it gives a number of option one of which is time off in lieu but there is no entitlement to a set rate over and above hourly rate. I should be clear that there may be an entitlement to some extra compensation but same is not set by statute.

    There is also the issue with collective agreements and if they stand.


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  • #7
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    ResearchWill wrote: »
    Section 14 sets out how a person who normally does not have to work Sunday but is now required to work a Sunday can be compensated it gives a number of option one of which is time off in lieu but there is no entitlement to a set rate over and above hourly rate. I should be clear that there may be an entitlement to some extra compensation but same is not set by statute.

    Sorry to be a continuing pest but what would, or where would I find 'normally' defined? Would it simply be in the employment contract?


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    LowKeyReturn wrote: »
    Sorry to be a continuing pest but what would, or where would I find 'normally' defined? Would it simply be in the employment contract?

    Well a good employment contract should define the normal working week. I would be surprised if a well drafted contract does not deal with this issue, and allows the employer to pay the standard rate. So yes start with emploemt contract and work from there.


  • #9
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Much obliged.


  • #10
    PremierDeise
    Closed Accounts Posts: 259 ✭✭PremierDeise


    I ended up calling Nera who advised that if you are on the minimum wage (Which I am) that regardless of whether or not they adjusted your contract then they do have to offer you a premium rate


  • #11
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    PremierDeise wrote: »
    I ended up calling Nera who advised that if you are on the minimum wage (Which I am) that regardless of whether or not they adjusted your contract then they do have to offer you a premium rate

    Well that's not strictly true, they could offer you say 10 hours off for working 7.5 but I think if you're on minimum wage they'd have to offer something.


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  • #12
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    PremierDeise wrote: »
    I ended up calling Nera who advised that if you are on the minimum wage (Which I am) that regardless of whether or not they adjusted your contract then they do have to offer you a premium rate

    I never considered minimum wage, but I assume as long as rate above minimum rate per hour and contract says this is to take in to account any possible premium if an employee has to work sunday then employer should be ok. But I suppose each on its merits.


  • #13
    househero
    Registered Users, Registered Users 2 Posts: 1,094 ✭✭✭househero


    PremierDeise wrote: »
    On what basis would a company (e.g a Call centre) be exempt from paying extra(i.e. Time and a third) for Sunday work to employees where the Sunday forms part of the 39 hour week?

    Hahahahahaha, I love it.

    On what basis are you entitled to extra pay because you work on Sunday?

    Read your contract op. If you don't have a copy you can ask your employer to give you one.


  • #14
    PremierDeise
    Closed Accounts Posts: 259 ✭✭PremierDeise


    househero wrote: »
    Hahahahahaha, I love it.

    On what basis are you entitled to extra pay because you work on Sunday?

    Read your contract op. If you don't have a copy you can ask your employer to give you one.

    You sir are a dope!


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