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Thread: A question about employee rights

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    Politics.ie Member ticketyboo's Avatar
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    Default A question about employee rights

    Can anyone give me advice on this topic, as I can't find the specific answer on Citizen's Advice.
    An employer has the standard three shift cycle, with a premium of 16.66% for working 7am - 3 pm, 3pm - 11 pm, and a premium of 25% for those working 11pm - 7am.
    If the employer decides, instead of everyone rotating, he/she allocates a specific group to work 7am - 3pm only, 3pm -11pm only, or 11pm - 7am only, can they do so and avoid paying shift premium and remain within the law?
    If you know definitively the answer to this, can you provide me with a link to the website whereupon the information is contained? Thanks.
    This would be in relation to where the employee has a contract in existence with the shift premium contained already.

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    Quote Originally Posted by ticketyboo View Post
    Can anyone give me advice on this topic, as I can't find the specific answer on Citizen's Advice.
    An employer has the standard three shift cycle, with a premium of 16.66% for working 7am - 3 pm, 3pm - 11 pm, and a premium of 25% for those working 11pm - 7am.
    If the employer decides, instead of everyone rotating, he/she allocates a specific group to work 7am - 3pm only, 3pm -11pm only, or 11pm - 7am only, can they do so and avoid paying shift premium and remain within the law?
    If you know definitively the answer to this, can you provide me with a link to the website whereupon the information is contained? Thanks.
    NERA - National Employment Rights Authority - Home
    "I like a bit of a cavort, I don't send 'em solicitor's letters. I apply a bit of pressure"

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    Politics.ie Member commonman's Avatar
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    Quote Originally Posted by ticketyboo View Post
    Can anyone give me advice on this topic, as I can't find the specific answer on Citizen's Advice.
    An employer has the standard three shift cycle, with a premium of 16.66% for working 7am - 3 pm, 3pm - 11 pm, and a premium of 25% for those working 11pm - 7am.
    If the employer decides, instead of everyone rotating, he/she allocates a specific group to work 7am - 3pm only, 3pm -11pm only, or 11pm - 7am only, can they do so and avoid paying shift premium and remain within the law?
    If you know definitively the answer to this, can you provide me with a link to the website whereupon the information is contained? Thanks.
    This would be in relation to where the employee has a contract in existence with the shift premium contained already.
    They have the right tot keep there shift rate if there been moved on to days full time, and there is a rate for evening and nights i think is 16% evenings and 25% nights, i could be wrong.

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    If the shift payment is built into their contracts, then that is being breached. If a unionised employment, fairly straight forward, get it involved, probably end up at 3rd party.

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    Sorry to hijack this thread, I have a question myself about my rights, I don't know how to start a new thread...maybe 'cos I have no posts? anyway.....
    I have been working for a company for 18 months. I have had no contract, but I have been working on average of 40 hours per week. When I started with them, I said I needed minimum 30 hours per week. Recently they asked me to sign a contract saying I would be getting minimum 25 hours per week. I told them I would have to think about it.

    I believe that I read that if I had been working for a period of time for 39 hours, that they could not reduce my hours, unless needed to because the business no longer required me for that many hours. In the past 18 months, they have hired maybe 12 more people to do the same work as me. My understanding-which may be wrong, is that if they have to give me my 39 hours of work, before they give hours to newer employees. I would be perfectly happy with a 35 hour contract, but 25 hours would not meet my financial needs.

    If anyone can point me to my rights regarding this, it would be appreciated. I believe I saw it on citizens rights or some similar site, where it stated that I was basically entitled to the average amount of hours I had worked over x amount of time, as long as there was a role for me, and they could not bring in someone else and give them some of my hours.

    If I omitted anything, then please feel free to ask and I will fill it in. Thank you in advance.

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    Politics.ie Member ticketyboo's Avatar
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    Quote Originally Posted by cricket View Post
    If the shift payment is built into their contracts, then that is being breached. If a unionised employment, fairly straight forward, get it involved, probably end up at 3rd party.
    They refuse to recognize the union, although I am a union member myself, as a matter of principle.
    You wouldn't happen to have a concrete link to a recognised government or citizen's advice web site. I have been looking, but can't find an answer to that specific question?

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    Quote Originally Posted by ticketyboo View Post

    They refuse to recognize the union, although I am a union member myself, as a matter of principle.
    You wouldn't happen to have a concrete link to a recognised government or citizen's advice web site. I have been looking, but can't find an answer to that specific question?
    I'm not sure there will be anything to address that specific scenario. I think it comes down to the contract and whether your employer is altering the terms and conditions you both initially agreed to.

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    To be honest, as an employer if I had a lad in whinging to me about his 'entitlements' I wouldn't be long showing him the door. Should be happy to have a job in these challenging times. 400,000 other lads ready to take up the job if they start moaning.

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    Politics.ie Member ticketyboo's Avatar
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    Quote Originally Posted by Patrick Clifford View Post
    Sorry to hijack this thread, I have a question myself about my rights, I don't know how to start a new thread...maybe 'cos I have no posts? anyway.....
    I have been working for a company for 18 months. I have had no contract, but I have been working on average of 40 hours per week. When I started with them, I said I needed minimum 30 hours per week. Recently they asked me to sign a contract saying I would be getting minimum 25 hours per week. I told them I would have to think about it.

    I believe that I read that if I had been working for a period of time for 39 hours, that they could not reduce my hours, unless needed to because the business no longer required me for that many hours. In the past 18 months, they have hired maybe 12 more people to do the same work as me. My understanding-which may be wrong, is that if they have to give me my 39 hours of work, before they give hours to newer employees. I would be perfectly happy with a 35 hour contract, but 25 hours would not meet my financial needs.

    If anyone can point me to my rights regarding this, it would be appreciated. I believe I saw it on citizens rights or some similar site, where it stated that I was basically entitled to the average amount of hours I had worked over x amount of time, as long as there was a role for me, and they could not bring in someone else and give them some of my hours.

    If I omitted anything, then please feel free to ask and I will fill it in. Thank you in advance.
    They are obliged to give you a contract within two months of starting work, according to citizen's advice site.
    If they're giving people who are doing your job a greater number of hours than you (and that can be a minefield in itself -they might argue you have dissimilar skill sets and abilities - they're good at that kind of thing) then by common working practice and on basis of seniority you should get first crack at the full working week. If they're also part time workers I couldn't say if they're prohibited from hiring more part timers alongside yourself. Unfortunately this is only my opinion. Probably like myself you'd need to contact them during working ours. For reasons of expediency I had hoped to know the answer before returning to work Monday morning.

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    Politics.ie Member ticketyboo's Avatar
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    Quote Originally Posted by Moshe Dayan View Post
    To be honest, as an employer if I had a lad in whinging to me about his 'entitlements' I wouldn't be long showing him the door. Should be happy to have a job in these challenging times. 400,000 other lads ready to take up the job if they start moaning.
    Get f˙cked. I have no interest in your "opinions".

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