Advertisement
If you have a new account but can't post, please email Niamh on [email protected] for help to verify your email address. Thanks :)
New AMA with a US police officer (he's back!). You can ask your questions here

Working Time - Travel between offices

  • 02-08-2021 11:22pm
    #1
    Registered Users Posts: 488 ✭✭ the-island-man


    Hi,

    In a scenario where your Employer has two or more offices located in two different regions of the republic of Ireland. If you are routinely located in one office and your contract has stipulated this office as your place of work but you are required to travel to the other office on occasion, is there a legal entitlement for the travel time to be considered as part of your working time?



Comments

  • Registered Users Posts: 6,779 ✭✭✭ phill106


    I would say yes.

    There is 2 ways this is normally looked at. Those who have no actual place of work set, in which case soon as they leave the house, they are working. Not you in this instance.

    Second would be where you have gone to your place of work, then asked to go to another of your business place of work. This would be working time according to this, as time spent travelling on official business


    PART 2

    Working Hours and Pay Reference Period

    Working hours of employee for pay reference period.

    8.—(1) For the purpose of determining under this Act whether an employee is being paid not less than the minimum hourly rate of pay to which he or she is entitled in accordance with this Act, but subject to section 9 , “working hours”, in relation to an employee in a pay reference period, means—

    (a) the hours (including a part of an hour) of work of the employee as determined in accordance with—

    (i) his or her contract of employment,

    (ii) any collective agreement that relates to the employee,

    (iii) any Registered Employment Agreement that relates to the employee,

    (iv) any Employment Regulation Order that relates to the employee,

    (v) any statement provided by the employee's employer to the employee in accordance with section 3 (1) of the Terms of Employment (Information) Act, 1994 ,

    (vi) any notification by the employee's employer to the employee under section 17 of the Organisation of Working Time Act, 1997 ,

    (vii) section 18 of the Organisation of Working Time Act, 1997 , or

    (viii) any other agreement made between the employee and his or her employer or their representatives that includes a provision in relation to hours of work,

    or

    (b) the total hours during which the employee carries out or performs the activities of his or her work at the employee's place of employment or is required by his or her employer to be available for work there and is paid as if the employee is carrying out or performing the activities of his or her work,

    whichever, in any case, is the greater number of hours of work.

    (2) “Working hours” under this section shall include—

    (a) overtime,

    (b) time spent travelling on official business, and

    (c) time spent on training or on a training course or course of study authorised by the employer, within the workplace or elsewhere, during normal working hours,

    but shall not include—

    (i) time spent on standby or on call at a place other than a place of work or training provided by or on behalf of the employer for whom the employee is on standby or on call,

    (ii) time spent absent from work on annual leave, sick leave, protective leave, adoptive leave, parental leave, while laid-off, on strike or on “lock-out”, or time for which the employee is paid in lieu of notice, or

    (iii) time spent on travelling between an employee's place of residence and place of work and back.



  • Registered Users Posts: 19,842 ✭✭✭✭ Strumms


    Yes, as above... I’ve always been paid traveling be it me driving back from somewhere or indeed sitting on a plane / taxi... until you hit your front door your time isn’t your own it’s considered work.



  • Registered Users Posts: 7 GabbyDann


    I think it is hard



Advertisement