Overtime - Unsocial hours

Cherry_Cola

I have just started back at a summer job where I have worked for the previous 7 summers and have a quick question regarding time worked.

Currently, I'm starting at 4:30am and working until approximately 3:00pm most days. This is the case for 3 days of the week, with 1 day starting at 4:30am and finishing at 5 as well as one day starting at 6am and finishing at 2pm. Previously when working this schedule, overtime was calculated on the basis that any time before 8:30am constituted overtime as it was during unsocial hours as well as any time worked outside the standard hours.

This has been the case for the past number of years when working for the company. However, today my manager pulled me aside to inform me that I would no longer be paid overtime unless I went over the 39 hour threshold. So now, whereby I previously would have received 13/14 hours overtime, I will now be receiving significantly less as the hours will only be paid at the standard rate.

I'm just wondering if I am entitled to the overtime rate for unsocial hours? Or is my manager right? Does the fact that I was paid the overtime previously have any bearing?

I would appreciate any advice on this matter.

wmpdd3

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

'Night Workers
Night time is the period between midnight and 7 a.m. the
following day.
Night workers are employees who normally work at least 3
hours of their daily working time during night time and the
annual number of hours worked at night equals or exceeds
50% of annual working time'


Most places pay time and a half for hours worked before 7am at a rate of time and a half though, I cannot see any law relating to this. It could just be a local agreement.

Hours before 7 am are treated as night time hours, though not specified, the act above mentions an additional payment for night work.

I think it's worth a call to your union or shop steward if you have one, other wise a call to another similar type business (bakery?)

eejoynt

or check out this link

http://www.unionconnect.ie/rights/3/

littletony

whats the name of ur compnay is it a factory

Cherry_Cola

Thanks for all the help guys, it's greatly appreciated.

After contacting the union rep, I am unfortunately only entitled to overtime once I have over 39 hours worked.

So basically I'd more or less get the exact same as working a week with regular hours so I'll now refuse to work unsocial hours doing harder work for the same pay. The job was as a delivery assistant by the way.

Thanks again for your help, and sorry dubtony but I'd rather not name the company on here.

wmpdd3

That's bad for delivery, usually there's some sort of extra pay for 4am start.

hardCopy

They're not even obliged to pay a higher rate after 39 hours unless it's in your contract. Many companies just pay the same hourly rate no matter how many hours you work or what time of day you work at.