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questions about pay and conditions

  • 03-01-2017 2:38pm
    #1
    Registered Users, Registered Users 2 Posts: 825 ✭✭✭


    Quick questions

    Can an employer decide to share your phone number around with colleagues. The aim of this is to introduce a system where if a person wants to book a holiday/ be sick, they now must, instead of calling the office, call all their colleagues and arrange cover for themselves before time off can be taken?



    Can an employer change roostered days off to "unauthorised absence"? This would effect holiday/ bank holiday pay


    Can an employer decide to not pay for time worked? Eg if they have an app which agents in the field are supposed to clock location/time. Internet signal may interupt logging of time and previously would have been backed up with paper records. Can they simply refuse to pay going forward? Could the employee refuse to complete the work if the system doesn't clock (as they won't be paid? )


Comments

  • Registered Users, Registered Users 2 Posts: 738 ✭✭✭Gaillimh1976


    Is is a company phone paid for by your employer or your own personal/private phone ?

    Who decides what your 'rostered days off' are ? Is it yourself, a supervisor, the employer ?

    Are you paid hourly /salary / per job ?

    Is there another way to prove where/when you were ? are you dealing with a client who could verify your presence by signing a work order or similiar ?


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    Personal phone

    Supervisor decides hours. Schedule sent out a week in advance, changed later.



    Yes, dealing with clients who could verify presence/ absence. Also written logs kept on each site, completed and signed after each attendence


  • Closed Accounts Posts: 384 ✭✭Denny_Crane


    Sorry to be rude, but what a mickey mouse operation.

    No they can't do that for sickness at the very least. There are a huge number of other issues arising but that at least is one I'd be fairly happy to hang my hat on a definitive answer. If you're facing any sort of disiplinary action get a solicitor involved.


  • Closed Accounts Posts: 182 ✭✭Jodotman


    Your boss just sounds lazy and doesn't want people calling in sick unless absolutely necessary . Also you sound like your short staffed. If you were on a weeks holiday in France and half way through they wanted you to work what would you do? Sounds like a farce to be honest and their chancing their arm.

    I would never work in a place where they would make you cancel annual leave once you had it booked off allready.


  • Registered Users, Registered Users 2 Posts: 11,986 ✭✭✭✭duploelabs


    Sorry to be rude, but what a mickey mouse operation.

    No they can't do that for sickness at the very least. There are a huge number of other issues arising but that at least is one I'd be fairly happy to hang my hat on a definitive answer. If you're facing any sort of disiplinary action get a solicitor involved.

    Wise up, there is no legislation for sick pay, or any other time off, and anything paid to you for missing work, though sickness or other issues, is wholly at the discretion of your employer


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  • Closed Accounts Posts: 3,478 ✭✭✭eeguy


    It's a mickey mouse system because it's wide open to abuse.
    Letting employees choose cover without the input of management is going to lead to all kinds of trouble.


  • Closed Accounts Posts: 384 ✭✭Denny_Crane


    duploelabs wrote: »
    Wise up, there is no legislation for sick pay, or any other time off, and anything paid to you for missing work, though sickness or other issues, is wholly at the discretion of your employer

    I would suggest a similar course of action.

    Think it through. An employee is under no obligation to arrnage their own cover. What has legislation on sick pay got to do with anything?


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    Thanks for all the replies.




    The time off - say if you were rostered off for bank holiday. Can this be then changed to unauthorised absence, if you weren't rostered to be on in the first place?



    Holiday pay is given monthly


  • Closed Accounts Posts: 384 ✭✭Denny_Crane


    Thanks for all the replies.




    The time off - say if you were rostered off for bank holiday. Can this be then changed to unauthorised absence, if you weren't rostered to be on in the first place?



    Holiday pay is given monthly

    They can change it to whatever they like as long as it doesn't result in sanction or loss of pay.


  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭SteM


    So if you're sick some morning your boss wants you to call/text your colleagues to arrange cover? Likewise if they're sick they call text you and your other colleagues? Is that the way he wants it to work? If so it sounds like a total farce.


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  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    They can change it to whatever they like as long as it doesn't result in sanction or loss of pay.

    I have a hunch the strategy is to not pay for bank holidays


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    SteM wrote: »
    So if you're sick some morning your boss wants you to call/text your colleagues to arrange cover? Likewise if they're sick they call text you and your other colleagues? Is that the way he wants it to work? If so it sounds like a total farce.

    Yes


  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭SteM


    What does your manager say should happen if you are sick and can't arrange cover?

    This sounds like his way of not having to manage his resources. If it's a private phone I'd say he can't use the number for work purposes.


  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    SteM wrote: »
    So if you're sick some morning your boss wants you to call/text your colleagues to arrange cover? Likewise if they're sick they call text you and your other colleagues? Is that the way he wants it to work? If so it sounds like a total farce.

    Sick leave is a bit if a tricky one.

    Theres no legislation allowing you to have any, either paid or unpaid.

    So technically not showing up for work cos you're sick is abandoning your employment.

    Most employer's have a policy which says its ok provided you don't do it too often and you give them reasonable warning (an hour or two). But they're not required to do that and some may see that giving you the chance to avoid a disciplinary by arranging cover as doing you a favour.

    Now personally I think its a really dumb idea, especially if you have employees with different skills. But I can see why some would do it.

    And not wanting your colleagues to have your mobile number is a wee bit precious. Would you rather have to carry two phones (the 2nd being an employer provided cheap one)?



    Tre rest of the OP sounds dodgy, though.


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    SteM wrote: »
    What does your manager say should happen if you are sick and can't arrange cover?

    This sounds like his way of not having to manage his resources. If it's a private phone I'd say he can't use the number for work purposes.

    I don't think any choice will be given. Find someone, or else.. work it? I'm not sure. I also wonder what happens if the person arranged doesn't turn up. I'll find out more soon.


  • Closed Accounts Posts: 2,023 ✭✭✭Donal55


    Sick leave is a bit if a tricky one.

    Theres no legislation allowing you to have any, either paid or unpaid.

    So technically not showing up for work cos you're sick is abandoning your employment.

    Most employer's have a policy which says its ok provided you don't do it too often and you give them reasonable warning (an hour or two). But they're not required to do that and some may see that giving you the chance to avoid a disciplinary by arranging cover as doing you a favour.

    Now personally I think its a really dumb idea, especially if you have employees with different skills. But I can see why some would do it.

    And not wanting your colleagues to have your mobile number is a wee bit precious. Would you rather have to carry two phones (the 2nd being an employer provided cheap one)?



    Tre rest of the OP sounds dodgy, though.

    I've two phones. The jobs one gets switched on when I start and knocked off when I'm finished. Thrown in the glove box when not in use.
    The op's boss however sounds as if he doesn't like paying for stuff.
    I'd ask for a phone :D


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    Sick leave is a bit if a tricky one.

    Theres no legislation allowing you to have any, either paid or unpaid.

    So technically not showing up for work cos you're sick is abandoning your employment.

    Most employer's have a policy which says its ok provided you don't do it too often and you give them reasonable warning (an hour or two). But they're not required to do that and some may see that giving you the chance to avoid a disciplinary by arranging cover as doing you a favour.

    Now personally I think its a really dumb idea, especially if you have employees with different skills. But I can see why some would do it.

    And not wanting your colleagues to have your mobile number is a wee bit precious. Would you rather have to carry two phones (the 2nd being an employer provided cheap one)?



    Tre rest of the OP sounds dodgy, though.


    I've never taken a day sick. I'm more concerned about bank holidays being changed to unauthorised absence, when the employee was not scheduled to be in.

    I don't think it's precious. It would lead to been called at/before 6am and late in the night, i've no doubt about that. Some collegues cars seem to break down at a hell of a rate, that's not my problem. There'd be data protection issues too. The phone number wasn't given to the employer so they coukd put it on a list and send it round to every tom, dick and harry.


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    Donal55 wrote: »
    I've two phones. The jobs one gets switched on when I start and knocked off when I'm finished. Thrown in the glove box when not in use.
    The op's boss however sounds as if he doesn't like paying for stuff.
    I'd ask for a phone :D

    The already have the use of car, car insurance, car tax, nct, upkeep etc for a pittance


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    The time off - say if you were rostered off for bank holiday. Can this be then changed to unauthorised absence, if you weren't rostered to be on in the first place?
    I can see the boss bringing people up on multiple unauthorised absences with the view to let them go.

    =-=

    System is open to abuse. Someone could ring around, and cover everyones shift, and then not turn up themselves, and claim that they never offered to cover anyones shift.


  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭SteM


    Sick leave is a bit if a tricky one.

    Theres no legislation allowing you to have any, either paid or unpaid.

    So technically not showing up for work cos you're sick is abandoning your employment.

    Most employer's have a policy which says its ok provided you don't do it too often and you give them reasonable warning (an hour or two). But they're not required to do that and some may see that giving you the chance to avoid a disciplinary by arranging cover as doing you a favour.

    Now personally I think its a really dumb idea, especially if you have employees with different skills. But I can see why some would do it.

    And not wanting your colleagues to have your mobile number is a wee bit precious. Would you rather have to carry two phones (the 2nd being an employer provided cheap one)?



    Tre rest of the OP sounds dodgy, though.

    It sounds precious that you don't want calls at potentially any hour of the day or night? Call me precious then.


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  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    Theres a few things that are just wrong here.

    Its not your job to sort out cover if you are sick, its not your job to sort out cover for your holidays, thats the bosses job.

    Giving out your private phone number to all the other employees is using the data for a purpose other than intended and shouldnt be done, even if its not a data protection breach its not a nice move.

    Changing a rostered day off to unauthorised absence is basically saying that you didnt turn up for work when you should have and could have consequences down the road.

    Sounds like a half arsed operation to me that I wouldnt be happy working there for long.


  • Registered Users, Registered Users 2 Posts: 2,241 ✭✭✭ZeroThreat


    Shelflife wrote: »
    Theres a few things that are just wrong here.

    Its not your job to sort out cover if you are sick, its not your job to sort out cover for your holidays, thats the bosses job.

    Giving out your private phone number to all the other employees is using the data for a purpose other than intended and shouldnt be done, even if its not a data protection breach its not a nice move.

    Changing a rostered day off to unauthorised absence is basically saying that you didnt turn up for work when you should have and could have consequences down the road.

    Sounds like a half arsed operation to me that I wouldnt be happy working there for long.

    From my experience, many family owned & run SMEs in this country tend to fall into this category. :p


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    Can an employer change roostered days off to "unauthorised absence"?




    Is the above falsifying records? Shockingly it's not a family run place


  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    No. And yes.


  • Registered Users, Registered Users 2 Posts: 825 ✭✭✭jameorahiely


    Who should be called? NERA?

    What's described above is only the tip of the iceberg.


  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble




  • Registered Users, Registered Users 2 Posts: 7,218 ✭✭✭bobbysands81


    Quick questions

    Can an employer decide to share your phone number around with colleagues. The aim of this is to introduce a system where if a person wants to book a holiday/ be sick, they now must, instead of calling the office, call all their colleagues and arrange cover for themselves before time off can be taken?



    Can an employer change roostered days off to "unauthorised absence"? This would effect holiday/ bank holiday pay


    Can an employer decide to not pay for time worked? Eg if they have an app which agents in the field are supposed to clock location/time. Internet signal may interupt logging of time and previously would have been backed up with paper records. Can they simply refuse to pay going forward? Could the employee refuse to complete the work if the system doesn't clock (as they won't be paid? )

    1. Your company is in breach of Data Protection Laws if they pass around your phone number without permission. Management need to manage, it shouldn't be your responsibility to get your holidays covered.

    2. Your day off is not an "unauthorised absence". Generally speaking an unauthorised absence is when you are meant to be in work, have not turned up and have not given a reason as to why you have not turned up. For instance, if you're sick and don't inform your company then that is considered an "unauthorised absence" as is say bunking off work.

    3. The company you work for sound very difficult. I'd contact an employment lawyer for this one if it's happening and the company won't sit down with staff and resolve it.


  • Registered Users, Registered Users 2 Posts: 5,641 ✭✭✭Teyla Emmagan


    So if you break a leg you're supposed to ring around a find someone to cover you, otherwise you have to appear in a wheelchair? I have never heard anything as stupid in my life. It is up to your boss to manage unavoidable absences, that's why they're the boss.


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