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Shift payments being taken away

  • 02-01-2020 10:47am
    #1
    jimm9001
    Registered Users, Registered Users 2 Posts: 3 ✭


    Hi

    A question for legal/HR people.

    I work in a large multinational company for almost 20 years. For about 11 years I have been receiving shift payments each month for the last 11 years or so. This works out at about 15% of my gross salary. My department is being moved to another LoB in January. As part of this move I am being told that the current shift model is not required.

    What rights do I have regarding the removal of these payments? Do I have any rights due to the length of time that I have been receiving these payments? As far as I am concerned these have become part of my salary at this stage.

    What are your thoughts?


Comments

  • #2
    road_high
    Registered Users, Registered Users 2 Posts: 19,657 ✭✭✭✭road_high


    Are you still working shift hours?


  • #3
    pjdarcy
    Registered Users, Registered Users 2 Posts: 298 ✭✭pjdarcy


    I would assume that if you're not doing shift work anymore then you're not entitled to a shift allowance. What does your contract state?


  • #4
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    jimm9001 wrote: »
    Hi

    A question for legal/HR people.

    I work in a large multinational company for almost 20 years. For about 11 years I have been receiving shift payments each month for the last 11 years or so. This works out at about 15% of my gross salary. My department is being moved to another LoB in January. As part of this move I am being told that the current shift model is not required.

    What rights do I have regarding the removal of these payments? Do I have any rights due to the length of time that I have been receiving these payments? As far as I am concerned these have become part of my salary at this stage.

    What are your thoughts?

    The shift allowance was subject to you doing shift work. If you’re no longer working shifts then you won’t get the shift allowance.


  • #5
    TheBully
    Registered Users, Registered Users 2 Posts: 876 ✭✭✭TheBully


    jimm9001 wrote: »
    Hi

    A question for legal/HR people.

    I work in a large multinational company for almost 20 years. For about 11 years I have been receiving shift payments each month for the last 11 years or so. This works out at about 15% of my gross salary. My department is being moved to another LoB in January. As part of this move I am being told that the current shift model is not required.

    What rights do I have regarding the removal of these payments? Do I have any rights due to the length of time that I have been receiving these payments? As far as I am concerned these have become part of my salary at this stage.

    What are your thoughts?
    have you been doing shift while getting this payment? If you haven’t but you have been getting this payment you may well be entitled to keep it through customs and practice entitlement.
    However if you are currently doing shift and being taken off shift you need to take another approach and lodge a loss of earnings appeal, you did not look to be taken off shift and your earnings are suffering! Talk to your shop steward if You are in a union! You may need to wait 6 months to prove loss of earnings over a period though, but in my eyes this is a clear cut case that your union should win


  • #6
    Hoboo
    Registered Users, Registered Users 2 Posts: 3,601 ✭✭✭Hoboo


    TheBully wrote: »
    have you been doing shift while getting this payment? If you haven’t but you have been getting this payment you may well be entitled to keep it through customs and practice entitlement.
    However if you are currently doing shift and being taken off shift you need to take another approach and lodge a loss of earnings appeal, ya did not look to be taken off shift and your earnings are suffering! Talk to your shop steward if I’m a union! You may need to wait 6 months to prove loss of earnings over a period though, but in my eyes this is a clear cut case that your union should win

    Any links/names of related case law?


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  • #7
    jimm9001
    Registered Users, Registered Users 2 Posts: 3 ✭jimm9001


    Thanks for your replies. To answer your questions - I have been working shifts up to the end of 2019. I don't have a written contract regarding working shifts.


  • #8
    jimm9001
    Registered Users, Registered Users 2 Posts: 3 ✭jimm9001


    TheBully wrote: »
    have you been doing shift while getting this payment? If you haven’t but you have been getting this payment you may well be entitled to keep it through customs and practice entitlement.
    However if you are currently doing shift and being taken off shift you need to take another approach and lodge a loss of earnings appeal, you did not look to be taken off shift and your earnings are suffering! Talk to your shop steward if You are in a union! You may need to wait 6 months to prove loss of earnings over a period though, but in my eyes this is a clear cut case that your union should win

    I have been working shifts and getting paid for them. I am happy to continue working shifts but it seems that this is no longer needed. I was thinking as it has been going on for so long that I should be entitled to keep the payments as you said. Unfortunately, I am not a member of a union.


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