Shift worker and public holiday pay

CGI_3

Working on shift and getting 25% premium.

Lets pretend the daily rate is 100 euro, and the shift premium is 25 euro. Therefore our normal daily rate is 125 euro.

We work the 9 official public holidays.

Any 'regular hours' worker is entitled to be paid presumably their normal wage if they don't work a public holiday.

Our employer opts to pay us only 100 for the public holiday, and we get the 125 for the hours we put in as any other day.

Our company is effectively paying us less than normal therefore for a public holiday (that we work, this has nothing to do with the one fifth rule)

Also, Reading the 'guide' on the OWT act '97 re getting a fifth paid if say a public holiday falls on a day you don't normally work, the guide specifically uses the terminology 'normal' days wages when refering to the fifth of ones wages that employees are entitled to.

So, to me the spirit of the law is that 'normal' pay would include shift premium.

Company begs to differ.

Really interested to hear the views on this one!

rock22

your normal wage is 100 even if you 'usually ' receive 125 when shift premium is added.

CGI_3

So I looked at S.I. No. 475/1997

If the employee concerned works or is normally required to work during any part of the day which is a public holiday, then—

( a ) in case the employee's pay is calculated wholly by reference to any of the matters referred to in Regulation 3(2) of these Regulations, the relevant rate in respect of that public holiday shall be the sum that is equal to the sum (including any regular bonus or allowance the amount of which does not vary in relation to the work done by the employee but excluding any pay for overtime) paid to the employee in respect of the normal Daily hours last worked by him or her before that public holiday,
( b ) in any other case, the relevant rate in respect of that public holiday shall be the sum that is equal to the average Daily pay (excluding any pay for overtime) of the employee calculated over— the period of 13 weeks ending immediately before that public holiday.

Seems to me that the relevant rate is pretty much defined to include a permanent ongoing allowance like a shift allowance, but perhaps exclude the odd overtime payment being also used to skew the relevant rate.

Is there anyway I can go about getting an authoritative view that I can present to my employer?

For what its worth, my piers in competitor companies pay the 'full' rate...

Peppa Pig

CGI_3 wrote: »

Is there anyway I can go about getting an authoritative view that I can present to my employer?

Only by going to an employment law solicitor.

A print out of a thread on Boards.ie, of people's opinions, will not carry much weight.

FWIW, when I worked shift, the company ( a very large multi national employer), tracked the working time directive to a huge degree. All staff were monitored on a 13/26/52 week average If you exceeded the 13 week average then you could not work overtime until you came back inside the average and the supervisor got a ticking off for permitting it. They seemed pretty clued up on the law and bank holidays for the shift workers were always paid excluding shift allowance and overtime.

cabledude

I've worked in 3 different companies doing shift and days. What is happening in this case is the way its done up and down the country. Your 'normal' days wage is €100. The reason you get the 25% above this is for working unsocial hours. That is a premium payment. It would hardly be fair on all other staff if they were to get a 'normal' rate foe a bank holiday and you were to get a premium payment.

CGI_3

Yeah, but when the regulations specifically say:

"including any regular bonus or allowance the amount of which does not vary"

How can it not include the allowance?

What am I missing???

CGI_3

All sorted incl back pay.