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Work Rights

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  • 09-03-2003 5:18am
    #1
    Lucifer
    Moderators, Technology & Internet Moderators Posts: 1,467 Mod ✭✭✭✭


    i am 17 working as a part time barman. as with most (afaik) bar work, we get paid until 1am on a 11:30pm serving night, and until 2am when we serve until 12:30am. most fri/sat nights we dont be finished cleaning up by 2am but as we got free drink after work it was worth putting in the extra few minutes. now they are charging us for staff drinks. all the part time staff walked out tonight at 2am leaving the manager to clean up, why should we do it, we are not being paid, thats the way i see it.

    i know under the unfair dissmissals act, people cannot be fired for no reason. as we are part time and have no contract do we have a leg to stand on here??? also most of us are over 18, but me and the others who are not, cannot sign a contract due to being under 18, does this give us any case?

    thanks in advance for all help

    Kev/Lucifer


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    #2
    Victor
    Registered Users Posts: 78,321 ✭✭✭✭Victor


    You have a contract - you work and you get paid - that is a contract.

    It is illegal to not provide staff with a written contract within 2 months of starting work. Probation periods of up to 3 months are permitted, after that you are permanent (unless the contract was for a specified duration).

    It is illegal for under 18's to work after 11pm.

    It is illegal to provide alcohol to under 18's in a pub.

    You have no responsibility to stay after the time for which you are paid (assuming you are paid variable wages and not a fixed salary).

    You, even as a part time under 18 worker have all (and more) the protections fo any other worker.

    In short if you are hassled and you wanted to speak to a union or the Employment Rights Information Unit (link below) you could mess up the bar big time (possibly including them losing their licence). They can't afford to fire you.

    Employment Rights Information Unit
    http://www.entemp.ie/erir/empl_rights.htm

    The Code of Practice concerning the Employment of Young Persons in Licenced Premises
    http://www.entemp.ie/codeynglic.pdf
    Update http://www.entemp.ie/erir/si350.doc
    Bar apprentice http://www.entemp.ie/erir/si351.doc
    The above assumes you are not related to the bar owner (unlikely from what you say) and are not an apprentice.


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