Having to pay €4 to get home after midnight

the_syco

Hi,
Bumped into an old work-mate over the weekend, and seemingly my previous employers are intending to charge its employee's €4 each to get the work-bus home.

Normally to use this bus, you must be working untill midnight or after, and I'm pretty sure that employers must provide free transport to its employee's if they have no transport of their own, and their hours are after midnight.

I'm asking if charging people to use a bus which is there only way home after midnight, is legal? And if not, why not.

If you're full time, you'll be rostered on some late shifts, and thus have no other option but to use the bus, you'll have to pay €4 each time to get home!

I've checked Oasis.gov.ie but couldn't find anything

Also, the Nitelink is out of the question, as although a few would be along one of the stops, the nearst pick-up point is between forty minutes and one hours walk away from the place of work. The rest wouldn't be able to get that particular service, as their homes wouldn't be on that bus route.

On a weekday, there'd be between 2 and 8 people, and at the weekends, between 5 and 10 on the work-bus home.

Thirdfox

Maybe it's a term in the contract that you must accept before taking up employment?

Not sure about the actual legalities of this issue though.

the_syco

Thirdfox wrote:

Maybe it's a term in the contract that you must accept before taking up employment?

Not sure about the actual legalities of this issue though.

I signed the same contract, and it wasn't there. I'll recheck later, anyhoo's.

johnnysmurfman

the_syco wrote:

I'm pretty sure that employers must provide free transport to its employee's if they have no transport of their own, and their hours are after midnight.

Where did you get that one from? Judge Judy? He has to provide you with nothing, unless he's contracted to do so. He can charge you whatever he wants and can revoke the bus service altogether if he pleases (unless it's in the contract).

therecklessone

Don't think they have to provide free transport, but may have to provide subsidised transport.

I used to work for a semi-state, thats what we got.

Sleepy

When working for Dunnes as a shelf-packer many moons ago we were entitled to a free taxi home if we worked after midnight. Don't know if this was something in our contracts (don't ever remember reading it if so) or a legal entitlement.

melekalikimaka

they stopped that a few years back i believe

the_syco

Ah. Gotcha. Was pretty sure there was a law about it somewhere. As for the person who said that the management could "revoke the bus service altogether if he pleases", if he did the management would be f**ked, as the staff would have to leave at 11 to get a bus home.

Totally f**ked between 11pm and 2am on weekend nights when between one and two thousand customers leave, and the remaining staff would have to clean up.

Meh. Thankfully I don't work there anymore.

rubadub

Pretty certain there is no such law. Many companies would have policies though, like the dunnes taxis. If it was law then I would be telling my boss I live in New York at the weekends and demand a free flight home! All the country lads in work would be going home at the weekends too.

The "free" bus is a little unfair on those who live nearby or cycle or drive, it has to be paid for by somebody, they are missing out on this "bonus". As long as the €4 is what the bus really costs I see no real reason to moan, but the pay should have increased, i.e. the "free" bus was part of the accepted deal, contract or not. Like in mcdonalds or burger king you get free food, many consider this as part of the pay, i.e. my mate would work in burger king even though he would be paid a tiny bit more packing shelves somewhere else, but with all the "free" food he was better off financially since his weekly food bill was less than the difference.

padser

rubadub wrote:

The "free" bus is a little unfair on those who live nearby or cycle or drive, it has to be paid for by somebody, they are missing out on this "bonus". .

Thats a really good point.

rubadub wrote:

the "free" bus was part of the accepted deal, contract or not.

This is true, and probably your best recourse provided you were told about the free bus prior to joining (by the employer), and it was implied that it would continue



Just goes to show that employers shouldnt do anything nice for empoyees, you provide a free bus for a while, and suddenly people think there is a law saying you have to provide it!

Thirdfox

rubadub wrote:

my mate would work in burger king even though he would be paid a tiny bit more packing shelves somewhere else, but with all the "free" food he was better off financially since his weekly food bill was less than the difference.

But think of the damage to his health - he would be paying more in the long run!

Things not set in stone (i.e. a contract) are usually revokable on a whim - of course like you pointed out it could be managerial suicide to revoke certain "understandings" but the point is they are legally allowed to do so (as far as I know).

Actually was planning on asking a similar question, and was reminded by the statement
"The "free" bus is a little unfair on those who live nearby or cycle or drive, it has to be paid for by somebody, they are missing out on this "bonus""

We also have this facility in work, as in if you work till 12 there is a bus to take you home. However there are some people who live such a distance from work that the bus driver will simply drop them to town and they get a taxi home, they then bring this taxi reciept to work the next day and get their money back.

I think its nice that the employers do this, but on the other hand, I'm thinking that its really unfair on other people, for instance, this person could have a car, but instead of paying for petrol, they simply get the work bus home, and a taxi the rest of the way. If the company does this, surely they should also pay for petrol money too?

As i see it, you should be in charge of getting yourself home from work, and if the company offers this service, they should pay everyone the cost (€4 in this example) and those that want to avail of it, should pay the cost €4.

Doesn't make sense to a cyclist like me!

padser

Thirdfox wrote:

Things not set in stone (i.e. a contract) are usually revokable on a whim

I see first yr law in Trinity hasnt taught you too much so. :rolleyes: Generally something in a contract isnt 'revokable on a whim'.

If it were, I wouldnt see much point in having a contract.......

hullaballoo

padser wrote:

I see first yr law in Trinity hasnt taught you too much so. :rolleyes: Generally something in a contract isnt 'revokable on a whim'.

If it were, I wouldnt see much point in having a contract.......

Thirdfox is using the example of a contract as being something that is set in stone. I think he and I both will thank you not to make derisive comments like that again.

Thirdfox

I didn't make my sentence clear, sorry about that, it was 12 at night where I'm at... and you are right that first year law in Trinity didn't teach me much about contracts (that's in 2nd year!) Regards!

mountainyman

If the bus has been provided for more than a year than perhaps it could be regarded as having become an impled term of the contract?

It would be worth all the employees getting together and hirisng a solicitor or join a union. Sounds like you need one.

MM

padser

hullaballoo wrote:

Thirdfox is using the example of a contract as being something that is set in stone. I think he and I both will thank you not to make derisive comments like that again.

Fair point, Sorry. (should have realised that is what was meant).

In my defence my 'rollyeyes' were meant to convey some light hearted sarcasism.........it may or may not have come off

the_syco

mountainyman wrote:

If the bus has been provided for more than a year than perhaps it could be regarded as having become an impled term of the contract?

It would be worth all the employees getting together and hirisng a solicitor or join a union. Sounds like you need one.

The bus was there since the place opened in 1999. As for the union, we tried that, but as we needed 50% of the staff, it was an uphill battle, as alot were part-timers, and some of the full and part timers spoke little english, and could understand even less. Also, there was a pretty high turnover (a good few people would leave when they found the job not to be as "glamourous" as they thought it'd be).

Overheal

unions aren't always viable sadly. However, if you feel cheesed about the 4e, then you should take it up privately with your HR manager: Either stop working after midnight or get yourself back on subsidised transport /=/