Overtime, where do we stand?

LegacyUser

I work for a large company that is doing very well at the moment. The company was never hit by recession, in fact its best years have been 2007 onward with increased profits in the multi millions every year.

We have hired 30 new staff so far this month and the same in previous months. Our product will be manufactured in much greater numbers as of tomorrow and we will now be required to work 44 hours per week. We were not given a choice, simply told our new hours.

Until January 2010, all employees were paid time and a half overtime for anything above 40 hours. This was stopped in jan 2010, the company told us that no one in Ireland was paying overtime anymore, that we should be glad to have a job and were not allowed to work over 40 hours unless requested by our supervisor, and if we did we would be paid at standard rate.

We did not sign new contracts to reflect this. Most of us just worked our 40 hours and left.

The company completely took advantage of the recession in many other ways too with all perks being removed.

Now we are being told we have to work 44 hours per week due to increases in production but we will only be paid at standard rate. Is this legal? Can a company change the hours like that without offering time and a half?

This is absolute greed and everyone would walk out if there were any other options but this is a part of the country where this company really is the only employer available and the company has made us aware of this many times. They remind us that there are many people seeking work here every day who will happily work for less than a lot of staff are already on.

No one has seen a payrise in 5 years while the company boasts huge increases in profit in the press. Our hours and lunchbreaks have been frequently changed over the past 3 year depending on what suits the company for a given month, we've gone from 9am starts to 5 am starts and back again with little warning.

There is no union in place and never will be, people who have been in one and kicked up a fuss previously have been sacked and the company has paid out a small lump sum to get out of court cases. They have no fear of the court system whatsoever.

Can someone tell me where I can look up the law in regard to workers' rights in a situation like this?

This company will keep doing whatever they can get away with. If everyone would stand up together and strike we'd have some hope but there are many non-nationals who are very happy to get any work, and refuse to complain.

I expect come summer we will be working weekends too (this has happened before) so I'll see my kids less. At this time the majority are ready to do something about this situation, we're just not sure how to go about having a voice without getting sacked.

Info appreciated, thanks.

gerrycollins

on the overtime the "legal" terms used is that any overtime should be "appropiately compensated". While your employer has stated no overtime there is nothing unusal with that however the request to work 44 hours is odd.

You can contact NERA who can visit the company to check the records without disclosing the reason why they are visiting.

The issues surrounding the breaks and shift patterns can be claimed to be within the "needs of the company" however they do have to give you "reasonable" notice.

wmpdd3

'Now we are being told we have to work 44 hours per week due to increases in production but we will only be paid at standard rate. Is this legal? Can a company change the hours like that without offering time and a half?'

This is really a paycut in anything but monetry term.

You could approch a union and offer them full company membership if they took your case. Your company can't fire all of you, can they.

I think NERA is your best bet,no company wants to have to go through 5 years of break sheets!

Kristopherus

I thought the legal working week here was 39hrs. Overtime applies after that. I wonder is the co. in the North, where there is a max working week of 48hrs.

LegacyUser

Company is in the republic. 39 is probably right actually, rather than 40.

Think I might get onto nera so. Just wanted to know if we had any rights here.

As for sacking everyone, they very well could do that. They sacked many already who we all thought were indispensable. Join a union and you're out. We definitely need another way of getting around this issue.

Any idea what 'responsible notice' is for changes in hours/breaks, etc?
We've been told on Friday for the following Monday every time. Not much notice!

Nody

Kristopherus wrote: »

I thought the legal working week here was 39hrs. Overtime applies after that. I wonder is the co. in the North, where there is a max working week of 48hrs.

40.

To the OP, there is no requirement to pay 1.5 times for OT. You've already stated they will happily pay an amount to get out from court cases so what exactly do you expect a law text would do to change their mind? Changing conditions etc. for breaks is nothing new or illegal as long as they meet minimum duration, changing working hours you could resist but would be let go as redundant most likely at minimum comp.

Honestly, and as much as I hate to say it due to their bloated benefits etc. your best bet is to get unionised and by that I mean 50%+ of people and hope for the best.