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Employment (Miscellaneous Provisions) act 2018.) Banded hours

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  • 07-03-2019 1:04pm
    #1
    Registered Users Posts: 737 ✭✭✭


    Hi,

    Wanted to start thread on this,

    https://employmentrightsireland.com/tag/banded-hours-contracts/

    Need to sit down later and study this but question,

    I currently have a 30 hour contract, that puts me in band F but I work over 40 hours for years so Band H is where I should be.

    This won't get me a new contract? So holiday pay/bank holiday/sick pay etc stay at current contract level, yes?

    It just means they have to give you your usual regular hours for at least the next 12 months? What happens then? You ask for band H again?

    You have to ask in writing for a particular band, how would you word it?


Comments

  • Registered Users Posts: 191 ✭✭orl


    I worked on this legislation. you simply write to your employer stating that you think that you should be in Band H. Provided that the figures add up (i.e. that you worked on average 36 hours or more a week in the previous year) the employer should place you on Band H for the following year. That means that the hours you work for the following year should be 36 hours and over a week on average. So effectively it is a new contract for the following year. Your holidays will be calculated on the hours that you work - so at least 20 days per year.

    Hope this helps

    Blurb from welfare.ie site:
    Banded Hours provisions
    The 2018 Act introduces a new right for employees whose contract of employment does not reflect the reality of the hours they habitually work. Such employees will be entitled to request to be placed in a band of hours that better reflects the hours they have worked over a 12 month reference period.

    How will the Banded Hours provision work?
    An employee will request in writing to be placed in the relevant band of hours. The employer has four weeks to consider the request. The section provides reasonable defences for employers to refuse an employee’s request for any one of the following reasons:

    a. the facts do not support the employee’s claim,

    b. significant adverse changes have impacted on the business (e.g. loss of an important contract),

    c. emergency circumstances (e.g. business has had to close due to flooding), or

    d. where the hours worked by the employee were due to a genuinely temporary situation (e.g. cover for another employee on maternity leave).

    Where the claim is disputed or refused the employee can refer it to the Workplace Relations Commission (WRC) for mediation or adjudication. If the Adjudication Officer finds in the employee’s favour the redress will be that they are placed in the appropriate band of hours. No other form of redress is available. An appeal against an Adjudication Officer’s decision will be to the Labour Court.

    Exemption for collective agreements

    The section will not apply to an employer who has entered into a banded hour arrangement through an agreement by collective bargaining with their employees. This is to recognise that in some sectors, the retail sector in particular, banded hours arrangements have been agreed between the employer and employees and have been working well. The new provisions will not interfere with these arrangements or with any such agreements that are collectively bargained in the future.

    It is important to remember that an employer is not obliged to offer hours of work in a week where the employee was not expected to work or when the business is not open.

    Current employees will not have to wait 12 months after commencement of this provision to seek to be placed on a band of hours. From 4 March 2019, an employee who believes their contract does not reflect the hours they have consistently worked over the previous 12 months of service with their employer may request to be placed by that employer in a band of hours that better reflects the hours they have worked regularly.


  • Registered Users Posts: 737 ✭✭✭vargoo


    orl wrote: »
    I worked on this legislation. you simply write to your employer stating that you think that you should be in Band H. Provided that the figures add up (i.e. that you worked on average 36 hours or more a week in the previous year) the employer should place you on Band H for the following year. That means that the hours you work for the following year should be 36 hours and over a week on average. So effectively it is a new contract for the following year. Your holidays will be calculated on the hours that you work - so at least 20 days per year.

    Hope this helps
    Hi,

    Thanks for reply, what happens after the year?

    Once you're in the higher band the fact you're working at least 36 in the past 12 months should mean once you go into it you should never leave it?


  • Registered Users Posts: 26 petr1


    It is all very unclear this Bill, I inquired about it at my work, they think this is a new contract, but my reading of it is, as above, a temporary thing.


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