out my job description

chrismrocky

Im a mechanic and boss said i have to paint his house for a week. Can i be made to do this. Painter is not part of my job obviously

Mrs OBumble

Does your job description say "other duties as required"? (Most do.)

If so, it's a lawful request so most people would say yes.

Employment lawyers may be able to make an argument that the answer is no. But if the boss fires you (or discriminates against you in some way because you said "no" - then can you really afford to hire and employment lawyer to take a case against your boss? Especially knowing the how much it will limit your chances of getting another job in future? (Ireland's a small village, employers talk.)

Cookie_Monster

Mrs OBumble wrote: »

Does your job description say "other duties as required"? (Most do.)

If so, it's a lawful request so most people would say yes.

Other duties as required have to be reasonable. Painting a house that has nothing to do with the business is not reasonable, especially if not a painter by trade.

Tell me how

Mrs OBumble wrote:

Does your job description say "other duties as required"? (Most do.)

If so, it's a lawful request so most people would say yes.

Employment lawyers may be able to make an argument that the answer is no. But if the boss fires you (or discriminates against you in some way because you said "no" - then can you really afford to hire and employment lawyer to take a case against your boss? Especially knowing the how much it will limit your chances of getting another job in future? (Ireland's a small village, employers talk.)

The only part of this that's true is asking what does your job description say, but more importantly, what does your contract say?

OP, I think they are wrong here but if you don't have a contract, they're wrong in that respect also.

You can bet he doesn't have insurance that covers you while painting his house.

ScouseMouse

How is business at the moment? Busy or quiet?

Could he be trying to keep you busy in a quiet time instead of putting you on short time / laying you off?

chrismrocky

I have no contract.

chrismrocky

ScouseMouse wrote: »

How is business at the moment? Busy or quiet?

Could he be trying to keep you busy in a quiet time instead of putting you on short time / laying you off?

I have plenty to do. Like come on his house is 70 miles from from where i live. Work is only 10

Tell me how

chrismrocky wrote:

I have plenty to do. Like come on his house is 70 miles from from where i live. Work is only 10

This is a no brainer.

You are entitled to tell him that you are only working as a mechanic at the place of business where that is done.

He could decide "he has no work for you" and as you've no contract, you're already discussing non-legal practices so I wouldn't put that past him.

I think you should be checking your options with respect to alternative employment as I think this is far from ideal and similar requests/shady practices will continue in future.

That's not advice, it's just my opinion.

Do you get a payslip? Are PAYE and PRSI deducted from your gross pay and paid to revenue? If not, you could be there several years and not be entitled to social welfare benefits because these payments have not been made.

I think it's worth a phone call to a citizens information office.

tedpan

chrismrocky wrote:

I have plenty to do. Like come on his house is 70 miles from from where i live. Work is only 10

If it's busy, why isn't he paying a painter to do the house and you get on with your normal duties. Having you paint his house will probably cost him more per hour.

Is there something you're not telling us?

Have you asked him why?

Donal55

Tell him you're no use at painting.
If he insists you go up anyway. Prove it!

chrismrocky

tedpan wrote: »

If it's busy, why isn't he paying a painter to do the house and you get on with your normal duties. Having you paint his house will probably cost him more per hour.

Is there something you're not telling us?

Have you asked him why?

Cost him €1500 to get painter hes tight doesnt like part with money.gets me only has to pay my weeks wages which is a lot less

chrismrocky

Im getting know where im not on a contract so legally do i have to do it?

SwD

chrismrocky wrote: »

Cost him €1500 to get painter hes tight doesnt like part with money.gets me only has to pay my weeks wages which is a lot less

Use this time as a holiday from work.

Paint slowly, very slowly.

Paint badly, very badly. Lather it on in some areas.

My guess is he'll be keeping you in the garage.

chrismrocky

Holiday from work to paint hole outside of his house which is not small. Drive 70 miles ever morning 70 miles home. Hes already screwing me out of 7 days holidays this year

FAILSAFE 00

I'd say just go to his house and do a good job

Ask to cover your travel expenses.


Mod
County remark deleted

chrismrocky

FAILSAFE 00 wrote: »

I'd say just go to his house in [ and do a good job

Ask to cover your travel expenses.

What you mean house

0ph0rce0

I worked on a job once with a carpenter, I was tiling away and the carpenters boss came upstairs, Says to your man, I need you out in my house tomorrow (Saturday) to cut my grass. I'll pay you then.

Your man said no it's nothing to do with my Job, It's Friday I get paid today. The boss man said your out to cut the grass or you won't be paid.

The guy grabbed the boss by the throat held him up against the wall in the hall upstairs and said I'm paid today.

Boss man handed over the wages and no grass was cut.

tell him to go **** himself.

Triceratops Ballet

chrismrocky wrote:

Im getting know where im not on a contract so legally do i have to do it?

Firstly he has failed to give you a contract and so has broken the law. Employees are legally entitled to a copy of the written t's&c's of their employment within I think it's 2 months of starting work.

In the absence of a written contract custom and practice determines what you are required to do. Do you routinely do other non garage related tasks, does anyone else? If not you dont have to do it. You're not employed by this bloke do do whatever he needs done, you're employed by the garrage to work there. He's a chancer, my boss wouldn't ever dream of asking me to paint his house cos it's a bananas suggestion

On the other hand if there's potential for short time or lay offs as someone else said and this is an alternative that keeps you working another week then I'd do it.

Tldr you're not required to but if you're going to refuse make sure u know your rights and can competently stamd your ground

chrismrocky

0ph0rce0 wrote: »

I worked on a job once with a carpenter, I was tiling away and the carpenters boss came upstairs, Says to your man, I need you out in my house tomorrow (Saturday) to cut my grass. I'll pay you then.

Your man said no it's nothing to do with my Job, It's Friday I get paid today. The boss man said your out to cut the grass or you won't be paid.

The guy grabbed the boss by the throat held him up against the wall in the hall upstairs and said I'm paid today.

Boss man handed over the wages and no grass was cut.

tell him to go ****


That is hilarious

ancuncha

As long as your paid for your time, does it matter what your doing (within reason, not up to your neck in a slurry tank etc)?

I'd look at this as a break in your every day grind, to break the tedium of doing the same thing day in day out.

OldMrBrennan83

This post has been deleted.

ancuncha

Patww79 wrote: »

This post has been deleted.

Ok, let me rephrase that, as long as he's not out of pocket
that amount of extra travel is unreasonable without some sort of compensation

chrismrocky

Patww79 wrote: »

Because it's costing him 140 miles a day travel instead of 20? More in one day than a regular week.

OP, at the very least I'd be arriving at work and asking him how is he getting you to his house. Taxi, lift, etc? I prefer the grab him by the neck approach too though.

that was a very funny approach

chrismrocky

ancuncha wrote: »

Ok, let me rephrase that, as long as he's not out of pocket
that amount of extra travel is unreasonable without some sort of compensation

If i was to paint outside of work for someone id be asking 600/700 not doing it for min wage.
Ps i hate painting

FAILSAFE 00

chrismrocky wrote: »

What you mean house in <deletion>

I am calling your boss tight

hullaballoo

Agree to paint house. Start with the window panes.

chrismrocky

FAILSAFE 00 wrote: »

I am calling your boss tight

Thanks for your helpful comment.

FAILSAFE 00

chrismrocky wrote: »

Thanks for your helpful comment clown.
and back is 600km by way not 140

How would I know where you are driving from

billybonkers

Why don't you have a contract of employment?

Are you paid cash in hand or do you get a pay slip?

chrismrocky

billybonkers wrote: »

Why don't you have a contract of employment?

Are you paid cash in hand or do you get a pay slip?

Cheque

chrismrocky

FAILSAFE 00 wrote: »

How would I know where you are driving from

So what you on about

Dial Hard

chrismrocky wrote:

So what you on about

Jesus, relax, he made a small joke about your boss being tight.

Do you get a payslip with your cheque?

chrismrocky

Dial Hard wrote: »

Jesus, relax, he made a small joke about your boss being tight.

Do you get a payslip with your cheque?

No

Dial Hard

chrismrocky wrote:

No

Based on this and your last thread about the holidays I have no idea why you're still working for this guy. I would pretty much bet the farm that he hasn't been paying your tax contributions for you.

Ring Revenue IMMEDIATELY to check whether this is the case, and as soon as you're off the phone to them, ring NERA.

chrismrocky

Dial Hard wrote: »

Based on this and your last thread about the holidays I have no idea why you're still working for this guy. I would pretty much bet the farm that he hasn't been paying your tax contributions for you.

Ring Revenue IMMEDIATELY to check whether this is the case, and as soon as you're off the phone to them, ring NERA.

I get my end of year p 60

Peregrinus

What DIAL HARD said.

Being asked to paint this guy's house is the least of your worries at this point, frankly. Not getting a payslip rings some serious alarm bells.

Dial Hard

chrismrocky wrote:

I get my end of year p 60

Well that's something.

I'd still be ringing NERA about this guy. He's breaking about a bazillion employment laws regardless. Not giving you statutory holidays, no contract, no payslips... probably a shedload more we don't know about.

chrismrocky

Peregrinus wrote: »

What DIAL HARD said.

Being asked to paint this guy's house is the least of your worries at this point, frankly. Not getting a payslip rings some serious alarm bells.

Isnt that what p60 for end of year say how much paye you've paid

GBX

chrismrocky wrote: »

Isnt that what p60 for end of year say how much paye you've paid

You should be getting a payslip when you are paid. Not just a P60.

"The Payment of Wages Act 1991 gives all employees a right to a pay slip which will show the gross wage and details of all deductions. A pay slip is essentially a statement in writing from the employer to the employee that outlines the total pay before tax and all details of any deductions from pay. It can be provided to you either in electronic format or in hard copy. Your right to a pay slip is set down in Section 4 of this Act."

Wood

Have you claimed for travel time and milage?

Have you checked with revenue that you are actually paying tax?

Have you found out if you are making pension contributions whichare now legally mandatory?

Have you tried telling him to f*ck off with himself?

billybonkers

chrismrocky wrote: »

Cheque

So you aren't technically employed, paying PAYE or PRSI?

I'd say do what he asks then or those cheques may stop all of a sudden.

Ask him to employ you in the correct manner, get your tax contributions up, you may need them in the future!!

forumuser

billybonkers wrote: »

So you aren't technically employed, paying PAYE or PRSI?

I'd say do what he asks then or those cheques may stop all of a sudden.

Ask him to employ you in the correct manner, get your tax contributions up, you may need them in the future!!

How does getting paid by cheque mean he's not technically employed? He's already said he gets a P60.

chrismrocky

forumuser wrote: »

How does getting paid by cheque mean he's not technically employed? He's already said he gets a P60.

He have to acount for same cheque every week after 7 years sure he would been caught

ancuncha

chrismrocky wrote: »

If i was to paint outside of work for someone id be asking 600/700 not doing it for min wage.
Ps i hate painting

So your ok with it, if you get paid the same as a professional painters would?

Painters that would supply ladders, scaffolding, rollers, brushes, insurance etc
who can supply paint at a discounted rate, do the job a lot quicker and probably neater than you
who probably employ people on the minimum wage?

I think i understand now

chrismrocky

ancuncha wrote: »

So your ok with it, if you get paid the same as a professional painters would?

Painters that would supply ladders, scaffolding, rollers, brushes, insurance etc
who can supply paint at a discounted rate, do the job a lot quicker and probably neater than you
who probably employ people on the minimum wage?

I think i understand now

No not saying im ok with it. I used to work with a painter but he doesnt no that . And going rate for out side full house cost ya €1500. All i wanted to know was do i have to do what he says. No painter on min wage

ancuncha

chrismrocky wrote: »

No not saying im ok with it. I used to work with a painter but he doesnt no that . And going rate for out side full house cost ya €1500. All i wanted to know was do i have to do what he says. No painter on min wage

there are plenty of painters working for minimum wage or even less, open your eyes

so the painter you worked for didn't have ladders? no scaffold? no brushes? no rollers?
did you rub the paint into the walls with your bare hands??

chrismrocky

ancuncha wrote: »

there are plenty of painters working for minimum wage or even less, open your eyes

so the painter you worked for didn't have ladders? no scaffold? no brushes? no rollers?
did you rub the paint into the walls with your bare hands??

What you talking about has nothing got to do with what i asked. When i started hear in my job painting was not part of it.

nuac

Mod
References to a county deleted
Personally I don't believe any of this
Closing for mod review