Any ideas....??

pauline.mcc

hey guys, I'm having a few issues at work and i'm wondering if anyone can help
Sooo, where to start. I'm currently employed full time but i think my company are possibly trying to screw their staff in more ways than one. I've read the Working Time Act and googled this as much as I can but to no avail. Any answers to the following would be great!
Are employees entitled to extra pay for Sundays and late nights? (there is something about unsocial hours but I can't make sense of that!)
Are employees entitled to be paid for their fifteen minute breaks? (2 per day in 8 hour day... i know the 30minute lunch isn't)
And the biggie that's really gringing my gears-
my contract lists my working week as 40 hours. Technically i'm there for 42.5 but lunch breaks not counted so 40 hours it is) yet I'm paid for a 37.5 hour week... my supervisor advised this was company policy that these 2.5 hours a week are not paid. No real reason was given.

So, am i being screwed or do I just not get employment law???

thanks for reading :P

TheColl

pauline.mcc wrote: »

hey guys, I'm having a few issues at work and i'm wondering if anyone can help
Sooo, where to start. I'm currently employed full time but i think my company are possibly trying to screw their staff in more ways than one. I've read the Working Time Act and googled this as much as I can but to no avail. Any answers to the following would be great!
Are employees entitled to extra pay for Sundays and late nights? (there is something about unsocial hours but I can't make sense of that!)
Are employees entitled to be paid for their fifteen minute breaks? (2 per day in 8 hour day... i know the 30minute lunch isn't)
And the biggie that's really gringing my gears-
my contract lists my working week as 40 hours. Technically i'm there for 42.5 but lunch breaks not counted so 40 hours it is) yet I'm paid for a 37.5 hour week... my supervisor advised this was company policy that these 2.5 hours a week are not paid. No real reason was given.

So, am i being screwed or do I just not get employment law???

thanks for reading :P

Perhaps these are your two 15 min breaks per day? Because otherwise this seems very strange indeed.

pauline.mcc

sorry should have clarified a bit- was asking whether i should be getting paid for the fifteen cos my supervisor said these are paid breaks. If they are then it's just wierd, if they are not paid then i'm guessing that's where my money is going!!! Any thoughts on whether short breaks are paid?

gerrycollins

sounds all over the place. Best is contact NERA and report your issues to them they are v helpful. They might come out and investigate the company.

Mrs OBumble

Does you contract list your wage as hourly, or monthly, or annual?

If it's hourly, then indeed being paid for 37.5 * hourly rate, when you're required to be there for 40 hours does indeed seem wrong.

But if it's annual or monthly, then you may even be winning: eg if your hourly rate is calculated as annual salary / (37.8 * no of work days per year), then it's larger than it would be if divided by 40.

wmpdd3

In an 8 hour shift you are entitled one 30 min break. This doesn't have to be paid.

Do you clock every day if so the records need to be kept by your employer for inspection, if this is the case, then they could be by the book.

There is no payment for anti-social hours, night work is between 12am and 7am.

If you sign a contract of employment of 5 days work over 7 days then you may have waived your right to Sunday premium pay.

Looks to me like you work 9 - 6.30 five days a week. 42.5 hrs
less five 1/2 hour lunch breaks - 40hrs
Less ten 15 min breaks - 37.5 hrs pay.

Sounds like you work in retail, if so, there may be LRC retail agreements that your employer must abide by in addition to your rights.

Try here:

http://www.employmentrights.ie/en/media/Workingtimeact.pdf

pauline.mcc

ah im sooo confused- basically contract says the company is open 365 days so im guessing additional sunday pay out the window!! And yes they do make ppl work Xmas day! I'm in customer service so none of the industry specific rules apply to me I think.
Ok contract specifies my yearly salary.... and a forty hour week.
Thanks for the advice guys, think I just have to get writen confirmation from my boss as to what is paid and what is unpaid because what he's telling me doesn't add up. According to him I'm being paid for my breaks but realistically it looks like I'm not.
Looked in NERA too but will see what I can decipher from work itself first- I don't wanna be the one getting the company into trouble if it's my own ineptitude that's causing the confusion...
Oh and I don't technically 'clock-in' like with a card but once i'm logged into my comp that's how they know you're in so maybe they are legit...

wmpdd3

Do you get paid for bank holidays?

Last week did you work 32.5 hrs but get paid for 37.5?

If so atleast they are doing that right.

pauline.mcc

I'm off on unpaid leave at the moment but we get a day in lieu for bank holidays worked and they have given that to me in the past, so yeah that is one thing they seem to have right!