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Unpaid overtime

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  • 01-11-2009 12:07am
    #1
    php-fox
    Registered Users Posts: 168 ✭✭


    Hi all.
    I am a third level full time student. Recently I got a job at a retail company for saturdays and sundays. I have a contract for 11 hours a week (never seen the contract itself).
    A few weeks ago, we were made to stay for an extra 2 hours after work to finish a few things and were told that we will not be paid for it. Basically, work now or don't come back tomorrow.

    I am wondering what does the law have to say about that? Is it acceptable for a company to force its part-time employees to work for free?

    I would be very happy if someone could refer me to an actual law that governs these situations.

    Thank you!


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    #2
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Do you have a contract?
    If not, why not? You have to get one


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    #3
    php-fox
    Registered Users Posts: 168 ✭✭php-fox


    >>I have a contract for 11 hours a week (never seen the contract itself).
    I will get the contract the next time I'm in work.
    TBH, up to now, I've had a very pleasant experience with every employer. And you don't get in to the law unless you get burned once.

    I was given the employee's book, where it says that all wages are paid into your bank account including bonus, incentive pay and overtime... That's the only mention of overtime.


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    #4
    blackbelt
    Registered Users Posts: 3,742 ✭✭✭blackbelt


    php-fox wrote: »
    >>I have a contract for 11 hours a week (never seen the contract itself).
    I will get the contract the next time I'm in work.
    TBH, up to now, I've had a very pleasant experience with every employer. And you don't get in to the law unless you get burned once.

    I was given the employee's book, where it says that all wages are paid into your bank account including bonus, incentive pay and overtime... That's the only mention of overtime.

    I would have to say that you are owed these 2 hours if the employee handbook corresponds to your contract which it should.If they altered any standard contracts for part time staff that excludes overtime,then they are entitled not to pay you but why would anybody stay 2 hours overtime knowing they wouldn't be payed??

    Find out if this is the case and in future have your excuses ready as to why you can't do overtime if this becomes a problem.Another avenue you could explore is the possibility of getting those 2 hours payed back to you in order for you to work a shorter day.


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    #5
    watna
    Closed Accounts Posts: 10,367 ✭✭✭✭watna


    How have you got a contract if you have never seen it? For it to be a binding contract you and your employer have to have signed it. If you haven't seen it then you can't have signed it.

    It may say something about occasionally having to work late and that the company deems that your salary covers all work undertaken. I know my contract says something along those lines (although I'm a full-time salaried worker so it's a bit different)


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    #6
    Victor
    Registered Users Posts: 78,422 ✭✭✭✭Victor


    php-fox wrote: »
    Recently I got a job at a retail company for saturdays and sundays. I have a contract for 11 hours a week (never seen the contract itself).

    You are probably covered under a registered employment agree and are entitled to be paid.


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    #7
    Corruptedmorals
    Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    'Overtime' isn't the term I'd use, generally only applies once you bypass the maximum working week as defined in your contract (usually 37.5). What kind of clock-in system do you have? Most places pay until you clock back out. You really need to get a hold of this contract! You're entitled to ask for a copy of it (or anything else on your file) at any time.


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    #8
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    Welcome to retail, usually for part-time staff it's unusual for to be asked to stay late and not get paid. Usually it's only managers that get stuck with that one!

    There are a few retailers and department stores I know of, that have tried this one.

    If you do the work, you are owed the money.

    Is there anyone you can ask such as shop steward, some one who has been there ages etc?

    Are you the only person wjo is part time maybe every one else is getting time owed as they are full time. Part-time workers usually don't choose time owed as they have sufficient time away from work.

    Get as much info as you can and just ask for clarification from HR / manager / owner


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    #9
    aquanaut
    Registered Users Posts: 414 ✭✭aquanaut


    Sorry to resurrect and thread jump in one swift move, but i travel for a job - company van around ireland. Contract states "some overtime" - i am not paid overtime and my work hours are 09:00 - 17:30 but daily have to leave home around7 to get to site, and may not get home till 21:30 - this is maybe 3 or 4 days every week. Is this acceptable - ie. should i just get on with it, it's my job, recesion etc etc??? It's completely killing me!!!


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    #10
    Victor
    Registered Users Posts: 78,422 ✭✭✭✭Victor


    That doesn't sound like "some".


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    #11
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    If the site is a perminant one then the company could argue you took the job based on those terms. Like taking a job 2 hours away from your home. If the site could be moved at any time I'd wait it out. Were you told where the site was when you took the job?


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