Employer wanting wage cut

hju6

My friend is working for an employer in retail who is in difficulty,
He is contracted to work 45 hours per week, but for the past 2 years he has been working an average of 53 hours per week, due to staff being laid off, and a bigger work load.

Now the employer is requesting a 10% wage cut due to the businesses difficulties.

My friend has a continuous service of over 20 years and is hoping for redundancy,

How should he respond to the wage cut ?

Thanks for any suggestions,

Filibuster

Don't resign as you won't get redundancy.

If you do not agree to reduced working hours or pay

If your employer proposes to reduce your working hours or pay, this is a change to your terms and conditions of employment. You may agree to the reduction for reasons as described above.

If you do not agree to this reduction there are a number of options available to you:

• You may make a complaint to a Rights Commissioner under the Industrial Relations Acts 1969-2001. Under this legislation if your employer objects to a Rights Commissioner hearing you would have to refer the matter to the Labour Court.
• If you consider that a reduction of your pay is an unlawful deduction from your wages you may make a complaint to a Rights Commissioner under the Payment of Wages Act 1991.
• If you say you wish to continue working as before your employer may decide to make you redundant. If you are dismissed in this way, you may qualify to bring a claim for unfair dismissal. Unless your employer can prove there was a genuine redundancy situation and that fair procedures were followed, this dismissal may be found to be unfair.
• If your employer insists on reducing your working hours or pay you may also consider that you have no choice but to resign and claim constructive dismissal because your employer has breached the terms of your contract. Before you do this, you should always seek detailed legal advice as proving constructive dismissal can often be difficult.
• If you think that a reduction in your pay or your working hours is a breach of your employment contract you could seek redress through the civil courts.

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

hju6

Filibuster wrote: »

Don't resign as you won't get redundancy.

Obviously not an option, my friend would of resigned 2 years ago, he has been working 8 hours extra per week,

Now a 10% pay cut is being imposed

How far can employers go?

ted1

An average of 53 hours is illegal.


http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/working_week.html

The law is already being broken

hju6

ted1 wrote: »

An average of 53 hours is illegal.


http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/working_week.html

The law is already being broken

Yep, and he is "obliged" to go in on a Sunday to prepare the ciggerette order as well,

There is never a break of more than 18 hours

Ray13

Please see: http://thepeninsulairelandblog.wordpress.com/2013/09/06/no-more-claims-for-reduction-of-wages-under-payment-of-wages-act/

The RC has made a distinction between 'deduction' from wages and 'reduction' in wages.... Interesting read

Ray13

If the worker is working an average of 53 hours per week (which is illegal), they should work out if this also constitutes being paid below the minimum wage. Divide weekly wage by 53.....or monthly wage by 225 approx

zoviea

Hi guys, I would love some advice and guidance before I go to social welfare. My work days are cut to only 2( not even full days). My partner claims for my as a qualified adult but only gets 83euro for me after he is cut 60euro for the 2 days I work. Im only earning a little over 100 euro per week. Would I be better off on those yellow sheets and sign in the days I work. I am trying to see if I would gain a few more pound and I know when I ask in social welfare they are not very helpful.

ScouseMouse

I appreciate this is a forum for work problems, but just want to put my bit in.

I think the OP should try and sit down and have a decent discussion about this with their employer. They say that the employer is in difficulty. Is the employer trying it on? Or is it genuine difficulty?

If the employer cannot afford to pay them whatever they are looking for or entitled to, perhaps they should be seeking redundancy.

I speak as someone who was hit hard by a german discounter, who was in the same boat. I had to let a lot of super staff go due to inability to pay them.

You can go anywhere you like and claim your "entitlements" but if its blood out of a stone, you may be still on a loser.