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"On Call" legislation

  • 20-06-2014 5:45pm
    #1
    JamBur
    Registered Users, Registered Users 2 Posts: 884 ✭✭✭


    Hi guys, can anyone point me towards official links which show directives for on call pay legislation? I've found union links which say that the employee should be paid for 25% of the hours they are available for work. However there is no legislative backup on the union sites.

    If the 25% rule is correct, would a contract ,which states less then that, supercede the legislation?

    Hope thats some bit understandable;)


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    A contract could not supersede legislation, unless the legislation allows someone to contract out of a provision.

    You could look at the statue book but bear in mind the legislation is not consolidated so check for amendments.


  • #3
    JamBur
    Registered Users, Registered Users 2 Posts: 884 ✭✭✭JamBur


    thanks but to be honest I cant find anything concrete. Im a bit square eyed from it all!
    Bepolite wrote: »
    A contract could not supersede legislation, unless the legislation allows someone to contract out of a provision.

    You could look at the statue book but bear in mind the legislation is not consolidated so check for amendments.


  • #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    JamBur wrote: »
    Hi guys, can anyone point me towards official links which show directives for on call pay legislation? I've found union links which say that the employee should be paid for 25% of the hours they are available for work. However there is no legislative backup on the union sites.

    If the 25% rule is correct, would a contract ,which states less then that, supercede the legislation?

    Hope thats some bit understandable;)

    Don't believe there is any legislation specifically there e.g. unlike min. wage, most on call is negotiated via unions, or between individual and employer if non unionised in my experience


  • #5
    JamBur
    Registered Users, Registered Users 2 Posts: 884 ✭✭✭JamBur


    Yeah, I seem to be coming to that conclusion as well. It seems to be contract, negotiated or by industry standard.


  • #6
    AndonHandon
    Closed Accounts Posts: 1,382 ✭✭✭AndonHandon


    There is no legislation specifically for "on-call" workers in Ireland, unfortunately. There is legislation dealing with zero-hour contracts but that is different to being on-call.

    However, there is legislation dealing with on-call pay in Ireland. Being on-call and having to be present on site at the working premises entitles one to be paid, even if they are not working. Being on-call but not physically present in work does not necessitate a wage.


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