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A couple of questions

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  • 13-12-2011 1:31am
    #1
    Closed Accounts Posts: 5,092 ✭✭✭


    1) Is a part time employee entitled to a similar amount of Sunday hours as a full time employee? (eg. Full time worker receives more favorable treatment in distribution of both Sunday and Bank holiday hours and in most cases would receive double the amount of hours as a part time employee?

    2) Is a part time employee entitled to the same hourly rate as a full time employee? Despite the fact that the full time employee worked for a different company before it was taken over by a new company. ie the full timer receives €30 p/h under the old companies contact and the part timer receives €25 p/h under the new companies contract. The new company took over the old companies contract and both the full timer and part timer do the exact same job.

    3) Could either situation constitute unfair treatment of part time employees?


    4) Also can an employer force you to work above your contract hours?


Comments

  • Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    See http://www.citizensinformation.ie/en/employment/types_of_employment/part_time_employment/employment_rights_of_part_time_workers.html

    However, note: "In order to claim overtime however, your employer can determine that part-time employees must work the same number of hours as a full-time employee before you can claim overtime."

    This means that if your fulltime co-workers got paid 1.5x time for Sunday, it's possible they also worked over 37.5 hour weeks (thus entitled to overtime).. whereas you didn't work any where near that.

    Also, consider experience. A person who worked 40 hours a week for 5 years has twice the experience of a person who worked a 20 hour week for 5 years. Clearly they can become more senior and more experienced in a shorter period of time.

    Finally, you mention contracted hours. Many contracts have a clause which states an employee must be available to do extra hours depending on operational demand.

    I think you're barking up the wrong tree.

    The following are areas which the act really is aimed at:
    • The dismissal of the employee
    • An unfavourable change in the conditions of employment of the employee
    • Unfair treatment of the employee, including selection for redundancy
    • Any other action that is prejudicial to the part-time worker's employment.


  • Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Le King wrote: »
    1) Is a part time employee entitled to a similar amount of Sunday hours as a full time employee? (eg. Full time worker receives more favorable treatment in distribution of both Sunday and Bank holiday hours and in most cases would receive double the amount of hours as a part time employee??

    Some employees would consider it favourable to get Sunday hours (assuming they're better paid and/or lighter workload - or that the employee has nothing else to do on Sunday).

    Others would consider it less favourable (day of rest, family time etc)

    All you are entitled to is the hours in your contract. What does it say?


    Le King wrote: »
    2) Is a part time employee entitled to the same hourly rate as a full time employee? Despite the fact that the full time employee worked for a different company before it was taken over by a new company. ie the full timer receives €30 p/h under the old companies contact and the part timer receives €25 p/h under the new companies contract. The new company took over the old companies contract and both the full timer and part timer do the exact same job.

    No.

    Among other things, the full-timer is gaining more on-the-job expereince every week - and they're available to pick up extra projects etc that the part-timer simply isn't there for.

    Note, this is IMHO, not legal advice. A clever lawyer might be able to successfull argue the case for you, on legal principles. But I cannot see any "common sense" merit in it.


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