Contractor Help

LegacyUser

Going anon for this, if that's OK mods.

My husband accepted a short-term casual contract for a well-known company via an internationally known recruitment agency. Job was 12 hour shift.

He turned up for work. The agency wasn't able to tell him how long the contract was for (he needs to tell Welfare). Grand. He worked first two days of 12 hour shifts with only a 20 minute break. Today was a little better. He managed to get three half hour breaks.

Today, he's been told he has to work 12 hour shifts right through until next Friday at least. The employer doesn't know how long he'll be needed and asking the agency is pointless as the contact there doesn't have a clue and has been less than helpful. Her attitude is 'I got you the job, the rest is down to you'. What worries me is that my husband told me one man has been working like this for TWO months without a day off!! How true this is, I don't know.

I know he's very lucky to have work and we're grateful for the money coming in. But is the fact he'll have to work eight days straight 12 hour shifts (including Saturday & Sunday) without a day off legal?

What would be the best way to approach this without getting anyone's back's up?

Thanks for any help!

Procrastastudy

HelpPlease2012 wrote: »

Going anon for this, if that's OK mods.

My husband accepted a short-term casual contract for a well-known company via an internationally known recruitment agency. Job was 12 hour shift.

He turned up for work. The agency wasn't able to tell him how long the contract was for (he needs to tell Welfare). Grand. He worked first two days of 12 hour shifts with only a 20 minute break. Today was a little better. He managed to get three half hour breaks.

Today, he's been told he has to work 12 hour shifts right through until next Friday at least. The employer doesn't know how long he'll be needed and asking the agency is pointless as the contact there doesn't have a clue and has been less than helpful. Her attitude is 'I got you the job, the rest is down to you'. What worries me is that my husband told me one man has been working like this for TWO months without a day off!! How true this is, I don't know.

I know he's very lucky to have work and we're grateful for the money coming in. But is the fact he'll have to work eight days straight 12 hour shifts (including Saturday & Sunday) without a day off legal?

What would be the best way to approach this without getting anyone's back's up?

Thanks for any help!

No way to approach it really as this is patently illegal. The company concerned clearly doesn't care about it's responsibilities under the Organisation of Working Time Act. My advice is stick it for as long as he can for the cash and then leave or leave when he finds something else.

He could try approaching his line manager but I suspect that will result in him not being invited back.

When he does leave a nice e-mail the NERA to pop along and inspect the place (if they even do that) might be nice.

Skuxx

I work as a contractor also and we do 12 days on 1 day off, 11 hour days....I have never questioned the legality of it, but if we can do it your husband working 8 days straight seems possible also!

Procrastastudy

Sorry your absolutely right Alan - Contractors pretty much sort their own hours out.

Mrs OBumble

Hang on, when you say "contractor" do you mean self-employed person who submits invoices, gets paid on those invoices, manages their own tax, VAT, etc? That's what the word "contractor" really means - and these people do indeed choose their own hours, 'cos if they didn't they would fail Revenue's definition of "contractor".

But some people use it to mean "person working on fixed ter, short term or casual contract - who gets paid thru payroll, with PAYE, PRSI and USC deducted". In the later case, the Organisation of Working Time act applies, and I think the advice in the 2nd post is pretty much spot on.

IMHO, it would be foolish to sign off from Welfare to be a real contractor on a very short term basis, because it may mean you are not entitled to sign on again (because you were self-employed).

LegacyUser

Thank you for the replies. Perhaps I did not make clear the position in the first post. My husband is employed by the agency. It was the agency who put him in the role. They deem him to be a contractor.

I've had a quick look at the legislation. It seems as long as there is at least 11 hours between the shifts then the terms are legal.

Thanks again!

Mrs OBumble

HelpPlease2012 wrote: »

I've had a quick look at the legislation. It seems as long as there is at least 11 hours between the shifts then the terms are legal.

Thanks again!

Nope, needs to be no more than 48 hours/week on average.

Forget the word "contractor", it's meaningless and confusing in your situation. A more honest word is "temp".

Nody

HelpPlease2012 wrote: »

Thank you for the replies. Perhaps I did not make clear the position in the first post. My husband is employed by the agency. It was the agency who put him in the role. They deem him to be a contractor.

I've had a quick look at the legislation. It seems as long as there is at least 11 hours between the shifts then the terms are legal.

Thanks again!

When you say employed do they have a contract with him paying his PRSI etc. or are they an umbrella company doing that stuff for him?