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Working hours and rights

  • 15-12-2016 10:01pm
    #1
    Registered Users, Registered Users 2 Posts: 82 ✭✭


    Ok well im working extra hours over christmas so less time off for me but it appears I will not get paid extra for this. Instead I will get extra time off. I am given the hours as holidays. Also my boss refuses anyone time off during December. Which I understand. We are a small staff.

    My question is do I have a right to refuse to work extra hours or ask for payment for them.

    Thank you in advance. (Btw I already work 42 hours a week)


Comments

  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    I can't remember off the top of my head, Google employment law, but seem dodge. If you work Sunday or bank holidays, you are entitled to holiday pay, also 42 hours a week is close, if not over the limit


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


    dar100 wrote: »
    I can't remember off the top of my head, Google employment law, but seem dodge. If you work Sunday or bank holidays, you are entitled to holiday pay, also 42 hours a week is close, if not over the limit

    The limit under the working hours act is 48 hours a week, averaged over a 4 month period.

    OP Time off in Lieu (TOIL) is commonly used against overtime in companies, it's not illegal etc


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    dar100 wrote: »
    I can't remember off the top of my head, Google employment law, but seem dodge. If you work Sunday or bank holidays, you are entitled to holiday pay, also 42 hours a week is close, if not over the limit

    No extra pay is required for Sundays. It has to be considered - but after consideration the answer might be that Sunday is part of the standard working week in this industry.

    Time off in lieu is pretty common for bank holidays.


  • Registered Users, Registered Users 2 Posts: 58,456 ✭✭✭✭ibarelycare


    Time off in lieu is pretty common for bank holidays.

    If you're working a public holiday you should be paid for the hours worked and you should also get a day off in lieu or else an additional day's pay.

    If the PH falls on a day you're normally working and you're not required to work, you get paid for it as normal.

    If the PH falls on a day you're not normally scheduled to work, you are entitled to be paid 1/5 of your normal working week for the day (so if you work Tues-Sat, you're entitled to some pay if a PH falls on a Monday).


  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    No extra pay is required for Sundays. It has to be considered - but after consideration the answer might be that Sunday is part of the standard working week in this industry.

    Time off in lieu is pretty common for bank holidays.
    If it's outside of the normal rota, you do indeed have to be paid for it


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  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    Stheno wrote: »
    The limit under the working hours act is 48 hours a week, averaged over a 4 month period.

    OP Time off in Lieu (TOIL) is commonly used against overtime in companies, it's not illegal etc

    Not with bank holidays it's not, and if it's outside of normal rota


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


    dar100 wrote: »
    Not with bank holidays it's not, and if it's outside of normal rota

    Have you a source to prove you must be paid for hours outside your normal rota that are not bank holidays, i.e just overtime?


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    dar100 wrote: »
    If it's outside of the normal rota, you do indeed have to be paid for it

    But only at normal rate.

    Usually when this happens the person works the bank holiday instead of one of their usual days.


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Are you salaried or paid hourly?


  • Registered Users, Registered Users 2 Posts: 251 ✭✭Munstermissy


    Lucky you getting time in lieu, I get the square root of FA for overtime�� Depends what is in your contract. Have a look at it again


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