Minimum wage on salary

Chiorino

Trying to figure out the most accurate way to work out if someone is being paid below the minimum wage based on a salary as opposed to an hourly wage. What I'm trying to work out is if an annual salary of 10k based on 27 hours per week is above or below the minimum.

aaakev

Thats about €7.20 an hour

bmwguy

Its about €7.12 an hour based on 10,000/52 = €192.30 per week, 192.30/27 = €7.12 per hour.

I'm not sure if this is legal or illegal on salary, I am on salary as well but I don't have set hours so no hourly rate really applies

Nody

And don't forget to deduct 30 min unpaid lunch if you have not.

tatli_lokma

If you are contacted for 27 hours that means you actually are in work for at least 28.25hours 29.5 hours or 32 hours depending on how long your break is.(You only are entitled to 15 mins after 4.5 hours, need to work 6 hours before it comes to 30 mins, so length of shift and breaks are relevant. Usually salaried workers have the paid hours in their contract, not the hours before breaks are deducted

Either way, breaks included or not, 10k doesn't meet minimum wage for adult workers.

Chiorino

tatli_lokma wrote: »

If you are contacted for 27 hours that means you actually are in work for at least 28.25hours 29.5 hours or 32 hours depending on how long your break is.(You only are entitled to 15 mins after 4.5 hours, need to work 6 hours before it comes to 30 mins, so length of shift and breaks are relevant. Usually salaried workers have the paid hours in their contract, not the hours before breaks are deducted

Either way, breaks included or not, 10k doesn't meet minimum wage for adult workers.

Basically the hours are Tuesday, Wednesday, Thursday, 8.30 to 5.30 and one Saturday 9-12 a month. Its mostly behind a sales counter and no official breaks taken as such. Lunch, couple of cups of tea a day are all taken behind the counter.

tatli_lokma

Chiorino wrote: »

Basically the hours are Tuesday, Wednesday, Thursday, 8.30 to 5.30 and one Saturday 9-12 a month. Its mostly behind a sales counter and no official breaks taken as such. Lunch, couple of cups of tea a day are all taken behind the counter.

From all you are saying I'm guessing you are working cash in hand. Several laws being broken there - breaks, pay and I would guess contracts and payslips.

Chiorino

tatli_lokma wrote: »

From all you are saying I'm guessing you are working cash in hand. Several laws being broken there - breaks, pay and I would guess contracts and payslips.

No, everything above board. Contracts, payslips etc. Company is relatively large in its field with around 20 depots across UK and Ireland. I've worked for them for eight years (not continuous) but current situation is only in last two. The company is just known for being very tight, and getting tighter.

tatli_lokma

Chiorino wrote: »

No, everything above board. Contracts, payslips etc. Company is relatively large in its field with around 20 depots across UK and Ireland. I've worked for them for eight years (not continuous) but current situation is only in last two. The company is just known for being very tight, and getting tighter.

Well it can't be above board is they don't give the required legal breaks and minimum wage. Could it be that they don't realise that minimum wage in Ireland is higher than the UK? I worked for a UK company and quite often they would have to be reminded that the laws in Ireland are different than the UK.

Chiorino

As an update, my company have admitted that they have, in error, underpaid me over the last two and a half years as they were unaware the minimum wage increased in July 2011.

They have now agreed to repay me the amount underpaid and bring my salary up to the correct level.

However another issue has now surfaced. A monthly bonus structure is in place should certain targets be reached. My company now claims that as my basic salary has been increased in line with minimum wage, I have been overpaid on a number of occasions when this bonus was paid as it pushed my hourly rate above the minimum. They are now clawing this back and effectively barring me from receiving any future bonus payments.

Looking at the Minimum Wage act, it appears they are within their rights to do this but it just seems wrong to me, and any colleagues I have spoken to. Can anyone shed any further light on this or advise what I should do next?

Stheno

Chiorino wrote: »

Looking at the Minimum Wage act, it appears they are within their rights to do this but it just seems wrong to me, and any colleagues I have spoken to. Can anyone shed any further light on this or advise what I should do next?

What they have to pay out in min. wage, they are now clawing back by changing your terms and applying it as they are.

The key thing is the line you have above.

Bepolite

Have a word with an employment lawyer, it's probably worth it depending on how much they are seeking to claw back. My thinking is treating you (as a part-time employee) differently. I might be on a hiding to nothing but IMHO worth a shot.

Seems like a pretty bloody stingy company - are there no options to move on?

Chiorino

From one or two other conversations I've had it does appear that the company have now changed my terms and conditions. What are the implications of this?

I've also been advised that the company established a precedent over the last two and a half years by paying me (as far as they claim they knew then) at least the minimum wage while still allowing me to collect a bonus.

Bepolite wrote: »

Seems like a pretty bloody stingy company - are there no options to move on?

Oh, I'm seriously looking at that now. I've worked for them since 2005 (with an 18 month break in 2010) and have given a lot during that time. Feel very disappointed with their attitude now.

Chiorino

Just as an update folks, I have been due a sales bonus this month for the first time since all this kicked off. Having checked my payslip, I have been given the bonus on top of the salary but there is a deduction for the same amount (listed as "basic pay") alongside the normal paye, PRSI, USC etc. so regardless of what happens they seem determined to pay me the bare minimum and nothing more.

Think I'll have to go further and see where I stand. Thanks for all the info so far.