can employers do what they want in these times?

LegacyUser

hi all,
looking for some advice on this subject, my husband is going out of his mind and i fear he is close to a nervous breakdown.
he has been working for a courier company for the last four years, he really loves the job and does whatever is asked of him, should it be coming in early or working late, changing runs, helping other people when he is quiet, etc etc.

This last few months things have got busier and they have been working most days between 11 hours and 13 hour days without any extra pay. (should mention they are paid for 45 hours per week). he doesn't mind staying a bit late as it clears his run for a fresh start the next day. there is no extra pay for this, he cannot have a lunch break as he wouldn't get round all his deliveries, he has to eat as he is driving.

He was called to a meeting earlier this week and the manager laid down the law. this is what changes are going to happen.

more business is being brought on to the company between now and Xmas, no extra staff are being taken on, all drivers will have to stay out and complete all deliveries should it take to midnight. again no extra monies will be paid for this.

Sickness, if someone if of sick for one day they have to take a week of without pay, the same goes for holidays. if they need one day off they have to take five.

any damages to vehicles will now be deducted from their pay without question or notice (i'm sure this is illegal).

the company say they have investigated the legalities of all of the above and they are within their rights to do this.

one previous issue he had was that he forgot to clock in one morning. he loaded his truck, loaded his signing machine and done his days work, clocking out when he left.
he got docked a days wages because he didn't clock in. he was able to provide his tachograph for the day and a copy of his deliveries which showed him doing his first delivery at 8am and his last at 6pm. the company refused to pay him and he lost a days pay for it.

when complaints were made about the new rules they were told that there are thousands of people out there looking for jobs and they should leave and the company will bring on someone else.

sorry for the long rant but we really don't know what to do. i work in a bar at night and need my hubby home to watch the kids, we cannot afford for him to be working until midnight. he is really worried that we will not be afford things if we go down to one wage.

any help or advice appreciated.

gerrycollins

drop a line to NERA they will investigate without telling who complained. Also contact dept of environment because drivers now have to take certain breaks after certain periods behind the wheel. they can ask for a tachograph or two to investigate. they may also stop a van mid run and check it out.

If they are not unionised maybe the drivers could get together and meet with an employment expert/solcitor because im sure everything there is illegal in some format

your husband would be within his right for unfair dismissal if they just let him go so that scare tactic is hot air.

dashboard_hula

It might be a good idea to sit down with your husband and write out everything that's going on as you have above. Put names, dates, incidents beside everything. Keep a notebook in the house with a running log of work events. This will keep your husbands and your minds focused on the issues to be sorted out, without any confusion that could happen when this eventually comes out.

Contacting NERA is a very good idea, however I hear they're a bit busy at the moment, so it might also be a good idea to contact Citizens Information.

I'd seem to think this company wouldn't really have a proper HR rep/department - I have only intermediate HR knowledge, and there is not one thing on that list that could possibly pass as legal.

The one weeks pay cut for 1 day sick definitely smacks of someone trying to keep absence down over the Xmas period though - to avoid hungover drivers not turning up for work and losing deliveries. I have heard of something similar happening at one of my old jobs in the run up to Xmas, however it was more of a scare tactic, and never materialised.

Callan57

I can see trades unions making a come back ... didn't take employers long to get back to their dirty old tricks did it?:(

wmpdd3

'any damages to vehicles will now be deducted from their pay without question or notice (i'm sure this is illegal).'

This would be in breach of the payment of wages act 1991:

http://www.irishstatutebook.ie/1991/en/act/pub/0025/index.html


Unless he signed a new contract agreeing to this change in working conditions.

eejoynt

Think about joining a union now - rather than later when things might be more difficult
use the form at this link

http://www.unionconnect.ie/joinaunion/

pseudonym1

That is terrible thread starter.. from my understanding yes employers can do as they please..
I have had innumerable job interviews in past months and have been offered a job to which I will bring years of experience and proven skills. Whilst I do not expect previous rates and bonouses paid- A little more than half of previous salary is what was offerd I requested a re think and was basically told to listin thats the offer we know you haven t been workoing .bla bla bla

I wont be getting any breaks and will have to take my half hour lunch there.

I am very disheartened do I refuse only job can get or put up or and shut up..

Bring back unions thats what I say..

doolox

I remember one Farm commentator remarking that farmers would have to buy back the agri businesses they sold off in the 70's and 80's in order to ensure reasonable prices for their output.

It was the historical reason for the setting up of co-ops in the first place. The farmers forgot history and sold out their interests in the co-ops and suffered price fluctuations because of it.

A similar mechanism has been at play with workers and employers over the last few decades. With easy employment and good conditions, workers did not see the need for unions and membership fell.

I worked all my life for US owned multinationals where unions were treated with derision, suspicion and membership was not encouraged in any way.

It now seems that government, employers and sections of the paying public have pushed workers so hard in terms of pay and conditions that a return to the obstructionist, hardline, adversarial trade unionism of the past will happen and is inevitable once basics like food shelter and clothes/books for children are being hit by increasing reductions in pay and increasing costs of getting to work (longer hours,more childcare costs etc....).

As more and more employees become marginalised or lose pay and conditions you can expect things to heat up in the industrial relations front.

D.McC

have we any rights? wrote: »

hi all,
looking for some advice on this subject, my husband is going out of his mind and i fear he is close to a nervous breakdown.
he has been working for a courier company for the last four years, he really loves the job and does whatever is asked of him, should it be coming in early or working late, changing runs, helping other people when he is quiet, etc etc.

OMG!!! Where do I start - this would be truly mouth watering to me if I still had my Union hat on…. Judging by this your husband appears to be a model employee, an excellent team player, who is focused on delivering on the companies expectations of him.

have we any rights? wrote: »

This last few months things have got busier and they have been working most days between 11 hours and 13 hour days without any extra pay. (should mention they are paid for 45 hours per week). he doesn't mind staying a bit late as it clears his run for a fresh start the next day. there is no extra pay for this, he cannot have a lunch break as he wouldn't get round all his deliveries, he has to eat as he is driving.

Employee’s are entitled to a minimum of 11hrs un-interrupted rest between finish and start times, with a requirement for a full 24hrs of rest each week.

They are also entitled to adequate rest breaks during their working day, which should be at a place away from their normal place of work. (no eating at the wheel)

Any additional working hours must be compensated. Extra working hours or over time does not normally attract additional payments, but it must be paid and also factored into any holiday leave. An additional paid day off within a suitable timeframe is also acceptable.

In addition to all this, there is also the requirements of a Taco, which dictates rest periods while driving (loading & unloading do not quantify as rest periods)

have we any rights? wrote: »

He was called to a meeting earlier this week and the manager laid down the law. this is what changes are going to happen.

more business is being brought on to the company between now and Xmas, no extra staff are being taken on, all drivers will have to stay out and complete all deliveries should it take to midnight. again no extra monies will be paid for this.

As above - rest periods, Taco, etc

have we any rights? wrote: »

Sickness, if someone if of sick for one day they have to take a week of without pay, the same goes for holidays. if they need one day off they have to take five.

Sick days are a sticky issue. The employer can argue that hiring a replacement driver is cheaper by the week, so therefore can justify that policy. They can also insist on a medical cert (yes, even for one day) and also cert stating the employee is fit to return to work.

Which regard to holidays? Holiday leave should be taken for days were the employee would normally be in work. Some companies insist on giving a full week off when an employee looks for one day. This is so they can manage holiday leave easier.

But, if any of this is a change to the existing contract, or the implied terms of your husbands employment then the company would have a case to answer.

have we any rights? wrote: »

any damages to vehicles will now be deducted from their pay without question or notice (i'm sure this is illegal).

As others have said, if this is stated in the terms and conditions of employment they are allowed do so, but your husband can seek a cheaper supplier, and request receipts. If the damage is caused by another driver / vehicle your husband can request evidence that this damage has not already been paid for by the other side.

If it is not already in his T&C's he must be asked to give his permission for this deduction. The good news is, he doesnt have too.

Otherwise it is an unlawful deduction under the payment of wages act

He should also start to take note of any damage or defects to his vehicle, photographs would be great, especially if the vehicle is stored over night in the company yard.

have we any rights? wrote: »

the company say they have investigated the legalities of all of the above and they are within their rights to do this.

Oh yeah! everything the company do is above board and legal :rolleyes:

have we any rights? wrote: »

one previous issue he had was that he forgot to clock in one morning. he loaded his truck, loaded his signing machine and done his days work, clocking out when he left.
he got docked a days wages because he didn't clock in. he was able to provide his tachograph for the day and a copy of his deliveries which showed him doing his first delivery at 8am and his last at 6pm. the company refused to pay him and he lost a days pay for it.

That is a bit harsh! Did your husband check the company’s policy on disciplinary procedures? If the company has not outlined the action that could be taken in such a case, then he would have grounds to appeal it.

have we any rights? wrote: »

when complaints were made about the new rules they were told that there are thousands of people out there looking for jobs and they should leave and the company will bring on someone else.

Yes, that is very true. But it is also bullying in the workplace, something which is considered very serious. But, on the up side, if all the drivers were to stand together, the management’s position would weaken. They can fire them all.. :P