6 day working week in contract

NicsM

Wondering if anyone has any knowledge on this, I've just been offered a new job with a multinational opening a new office in Dublin. The contract specifies a 6 day working week not to exceed 48 hours work.

The nature of the job means I will most likely be working 6/7 days but I would rather not to have a 6 day week in my contract.

Does anyone know if a 6 day working week is permitted? Not looking for legal advice but it seems a bit out of the ordinary to me.

Thanks guys

Nody

It's permitted; they'll need to do some play around with your shifts over two weeks to ensure your rest period etc. but nothing outrageous.

NicsM

Update from my OP:

The 48 hour working week seems to be the absolute minimum I'm expected to do - I've worked 70 hours the last 2 weeks and one day the team had to work from 9am until 4:30am... I walked out at 11pm because I was making massive mistakes I was so tired.

I'm working an average of 10 hours a day so easily 50 hours already per Monday to Friday. Lunch breaks are not taken, the team usually grab food and eat while they work. I've been told I'm working this Saturday but I want to refuse. The problem is I seem to be the only one on the team who is taking exception to the hours and working "culture". I've run a business by myself and worked 16 hour days no problem but here there seems to be a total disregard for employee's welfare or their rights. The rest of the team are young and eager to please as for the majority of them this is their first real job.

I wonder can I be punished for working my above contract hours but not the extreme hours they want me to work?

therecklessone

NicsM wrote: »

I wonder can I be punished for working my above contract hours but not the extreme hours they want me to work?

This depends on a number of factors, not least any clause in your contract that deals with flexibility from you or the need for overtime.

What is definitely the case is that over a 4 month period your [i[average[/i] working week may not exceed 48hrs in accordance with the Organisation of Working Time Act, and if your employer is disregarding that then you should consider contacting NERA (National Employment Rights Authority) to discuss your options.

There is also likely a health and safety issue here, and a duty of care from your employer towards you.

Have you considered a more constructive approach to dealing with this? Are there ways that your team could organise their work in a more efficient manner to lessen the demand for extra hours?

Of course it is always the case that your employer may feel you are not necessarily a good fit for their business if you are inclined to refuse the working hours they are currently demanding, so I'd suggest thinking carefully about your other options before choosing to stand your ground.

Best of luck.

NicsM

therecklessone wrote: »

This depends on a number of factors, not least any clause in your contract that deals with flexibility from you or the need for overtime.

My contract states:

The standard working week is 6 (six) days a week up to a maximum of 48 hours in each week in accordance with the Organisation of Working Time Act 1997. The days on which these hours can be worked will be at the discretion of the Employee in accordance with the business needs. The Employee will be entitled to a one hour lunch break on each working day.

therecklessone wrote: »

There is also likely a health and safety issue here, and a duty of care from your employer towards you.

This is the main bugbear for me - the entire team is sick this week from being so exhausted. My job is creative in nature and I simply cannot work my best while exhausted.

therecklessone wrote: »

Have you considered a more constructive approach to dealing with this? Are there ways that your team could organise their work in a more efficient manner to lessen the demand for extra hours?

To be honest I am being quite emotional about it, I would like to tackle it with my boss but I feel the employees are actually being exploited. In terms of the team working more efficiently, it seems that regardless of efficiency, the employees are expected to work long hours no matter what. My role is quite different to the rest of the team - they work on data while I work in creative.

therecklessone wrote: »

Of course it is always the case that your employer may feel you are not necessarily a good fit for their business if you are inclined to refuse the working hours they are currently demanding, so I'd suggest thinking carefully about your other options before choosing to stand your ground.

Best of luck.

This is something that has occurred to me, at the core I don't think the role is a good fit for me as I'm not allowed do what I was hired to do in the first place. Thanks for the reply

skallywag

OP, is this an exception due to an upcoming deadline etc, or do you feel that it is pretty much par for the course with this company / group? Also, am I right in assuming that you are working to a fixed salary and not being compensated for the overtime?

I've worked at startups myself where the environment sounds similar in a way, i.e. young employees, mostly single without families, many of them in their first real job, working insane hours for long periods of time, with everyone afraid to do less than the person beside them for fear of being thought a slacker. It's certainly something which cannot be sustained middle to long term without severe consequences.

mrcheez

Mind me asking what sort of work this is? You mention "creative" but I can't imagine a software development firm taking liberties like this so curious what other industry might have this.

NicsM

skallywag wrote: »

OP, is this an exception due to an upcoming deadline etc, or do you feel that it is pretty much par for the course with this company / group? Also, am I right in assuming that you are working to a fixed salary and not being compensated for the overtime?

I've worked at startups myself where the environment sounds similar in a way, i.e. young employees, mostly single without families, many of them in their first real job, working insane hours for long periods of time, with everyone afraid to do less than the person beside them for fear of being thought a slacker. It's certainly something which cannot be sustained middle to long term without severe consequences.

There was a deadline which we were working to and I assumed once it had passed (and was met), that the hours would lessen to something normal. It is definitely what is expected of employees from this company - a 10 hour day is the bare minimum. I am indeed on a fixed salary and not being compensated for the overtime or getting any time in lieu although I may ask what the story is with that.

This is the second startup I've worked in but not my first real job - the rest of the team are very young and keen to impress. I agree that it's not sustainable at all, I foresee employee turnover being very high to be honest.

mrcheez wrote: »

Mind me asking what sort of work this is? You mention "creative" but I can't imagine a software development firm taking liberties like this so curious what other industry might have this.

I don't want to be too specific, it is a tech company but there is no development work involved. I work in campaigns and manage clients.

Stheno

NicsM wrote: »

I don't want to be too specific, it is a tech company but there is no development work involved. I work in campaigns and manage clients.

I would imagine that given not many clients work past six or indeed ten if they are in the US that it was a major campaign you were working on?

Either way, it sounds like pure exploitation, I've been in positions where I was driving home at 3am following a major piece of presales work, and next day all staff involved were sent home for a min. 2 days.

Serious abuse going on here in terms of hours if you ask me, and I'm no shirker when it comes to ignoring the WTA, but this sounds like shameful treatment of staff for the betterment of the company