Second job!

Lo23

I'm hoping someone can help me!

I am currently in full time employment in a office so work the standard 37.5 hour week.

As with most people money is tight at the moment, have been there two years and I'm on 20% less than what i started on (due to pay cuts). So i have found a second job working saturday and sundays in retail!

My employer said it was fine as its a completely different line of work and I spoke to the Revenue and sorted out my tax credits etc

But now my employer have said that because Im working over 48 hours per week (Organisation of working time act 1997) that I need to give up the second job?

Where do I stand here?

jimoc

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/hours-of-work/working_week

just a quick link until I get time to read it myself
But I think the employer is correct, in that you cannot work 'on average' over 48 hours per week.

On a quick read of this however, I think its not allowable for your employer to make you work more then 48 hours per week, but it says nothing about you choosing to have two jobs and working more then that yourself, its a bit grey in that respect.

Mrs OBumble

What does the contract for your first job (and 2nd one for that matter) say?

Do you need their permission? If so, you have an issue, no matter whether it's due to the working-time directive, or something else.

TBH, if I was your first-job manager, I'd not be giving permission for anything that involved you working seven days a week. Human beings need some time for rest, or they burn out. Six days, yes. Seven, no.

MagicMarker

JustMary - Would you be willing to offer a pay rise as a compromise?

As far as I can see, no one works a 2nd job for shíts and giggles, if the OP needs to work 7 days a week because the F/T job cut his/her wages, then so be it.

Lo23

Thanks for the replies

Unfortunately I cant find anything in my contract which refers to working second job or The Organisation of working time act.

It is quite frustrating as MagicMarker points out I'm not doing this for a laugh, I really do need the money!

Have a meeting with HR later so fingers crossed it will work out!

jimoc

How did the HR meeting go?

Lo23

So had the meeting yesterday. They have requested that I give up the second job or cut back my hours to keep it under 48 hours per week.
Unfortunately I signed up for the second job on a 15 hours contract and cutting hours is not possible (especially as its retail and this close to Christmas)

Not sure where I stand legally but I don't really want to rock the boat here as there have been a lot of redundancies lately. So looks like ill be giving the second job the boot!

Thanks for all the help!

jimoc

If I were you I would really give that number on the page linked above a call.

They will be able to explain to you whether your employer can force you to give up a second job or not.
From my reading of that page I would interpret it that a single employer cannot allow you to work over 48 hours in a week, but it says nothing about whether you can choose to work more than that in a second job.

If that was the case, if you work 48 hours in a week you wouldn't be allowed to clean your house, take care of your kids or cut the lawn!!!
Its all work, just unpaid!!

Mrs OBumble

MagicMarker wrote: »

JustMary - Would you be willing to offer a pay rise as a compromise?

As far as I can see, no one works a 2nd job for shíts and giggles, if the OP needs to work 7 days a week because the F/T job cut his/her wages, then so be it.

Nope. The issue is around occupational stress, which employers are increasingly being found liable for.

If an employer lets you take on something that's "too stressful", without taking all reasonable precautions, and then you develop a stress-related issue, you can take 'em to the cleaners.

In this situation, I'd offer to pay for them to have a session with a budget-advisor. Wouldn't offer a pay rise though, because that would raise issues about why others weren't getting one.

OP .. you have my sympathies. Best of luck finding a different 2nd job, with less hours. Or perhaps even a different first one with more money (you never know, times are tough, but stranger things have happened.)

Lo23

jimoc wrote: »

If I were you I would really give that number on the page linked above a call.

They will be able to explain to you whether your employer can force you to give up a second job or not.
From my reading of that page I would interpret it that a single employer cannot allow you to work over 48 hours in a week, but it says nothing about whether you can choose to work more than that in a second job.

If that was the case, if you work 48 hours in a week you wouldn't be allowed to clean your house, take care of your kids or cut the lawn!!!
Its all work, just unpaid!!

Ok well i rang NERA and spoke to a very unhelpful person

Long story short..there is NO way I can over the 48 hours per week (be that either in one job or two)

Appears my employer are also pretty much within their rights to "ask" me to quit second job!

And there I was thinking I was being proactive getting a second job!!

modmuffin

Just tell your employer you have cut your hours to 10 at weekends, then crack on as you had planned, who's to know?

I wouldnt keep up working 7 day weeks for too long though, your performance in your primary job will suffer.

AvaKinder

I worked two jobs for a period of six months this year. One was a 35.45 hour a week job in the Dept of Social Welfare and one was a 18.5 hour week in retail so it was seven days a week. Both employers were aware before I began the full time job of the other jobs, and both my managers/hr department/wages were also aware of the situation. I made it clear to both employers and did everything above board as regards to tax etc....

Now maybe your position is different as it appears to be your employer enforcing the working time directive and you havent mentioned whether this is a long term solution to your finances or short term, but in the end it is something that has been done legally before!

I think the way the 48 week is done it is averaged over 4 months so if you could work your holidays from both jobs evenly over the year then it is possible. however regardless of how much you need the money it is an awful awful thing to work 7 days a week for a long period.