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Built up overtime - Advice needed

  • 29-04-2014 9:28am
    #1
    Callanutd
    Registered Users, Registered Users 2 Posts: 213 ✭✭


    Hi all,
    Looking for some advice. My girlfriend works for a company that does not pay overtime but instead you get the hours back. So in the past two months she has built up 7.5 hours. Enough for a full day off. However her employer is telling her that she is only allowed to take the hours as it was earned. That is if she worked one hour extra one day then she can finish an hour early another day. They are refusing to allow her take the overtime in a bulk amount. Is this allowed? I would have thought as long as business is not impacted the use of these hours should be at your discretion.


Comments

  • #2
    thesimpsons
    Registered Users, Registered Users 2 Posts: 1,696 ✭✭✭thesimpsons


    what does her contract state about overtime rates and use of time built up?

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

    Overtime
    Overtime is work done outside normal working hours.There is no statutory obligation on employers to pay employees for work completed in overtime. Many employers pay employees higher rates of pay for overtime. Your contract of employment should state if you are required to work overtime and the rates of pay if you are to be paid for it. Certain sectors of employment were covered by Employment Regulation Orders and Registered Employment Agreements and may have higher rates of pay for overtime.


  • #3
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Callanutd wrote: »
    Hi all,
    Looking for some advice. My girlfriend works for a company that does not pay overtime but instead you get the hours back. So in the past two months she has built up 7.5 hours. Enough for a full day off. However her employer is telling her that she is only allowed to take the hours as it was earned. That is if she worked one hour extra one day then she can finish an hour early another day. They are refusing to allow her take the overtime in a bulk amount. Is this allowed? I would have thought as long as business is not impacted the use of these hours should be at your discretion.

    Even annual leave isn't (fully) at your discretion. I'd say that most places wouldn't want people building up lots of extra days off, and would prefer that it's an hour or two here and there.

    As the quote above says, they're not obliged to pay or even give time in lieu like they're doing, so I'm not sure if they're doing anything wrong.


  • #4
    Callanutd
    Registered Users, Registered Users 2 Posts: 213 ✭✭Callanutd


    Thanks Guys,
    I work in a job where I do not receive anything for overtime but it states it clearly in my contract. My GF contract states a set number of hours and that anything worked above that can claimed back as time in lieu. There is zero mention of how this is to be used. I am fully aware that annual leave is not at your discrection fully but at the same time your employer is not entitled to only allow you to take it one day at a time. It is a small company and I think they way they are handling it is quite poor. My GF helped them out with the OT when it was voluntary, fully expecting that she could use the time when it suited her (as long as it didnt interfere with business, as with annual leave)and it now seems they are moving the goals. From the research I have done on line today, including the link above, it seems to me that as it was not conveyed to her in writing or verbally that this rule was in place prior to undertaking the OT that they cannot enforce it.


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