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Rota question

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  • 06-02-2013 8:43pm
    #1
    Tybalt
    Registered Users Posts: 34 ✭


    Not sure if it's a problem yet but does an employer legally have to honour a rota posted in advance. My employer needs to make up hours for later on in the year and has said that on days we are not busy we might be sent home an hour or two early and lose those hours for that week, only to be used for anyone in a few months time. Is this legal or does my employer have to pay me for 35 hours if they are what was posted on the rota for that week?


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    #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Tybalt wrote: »
    Not sure if it's a problem yet but does an employer legally have to honour a rota posted in advance. My employer needs to make up hours for later on in the year and has said that on days we are not busy we might be sent home an hour or two early and lose those hours for that week, only to be used for anyone in a few months time. Is this legal or does my employer have to pay me for 35 hours if they are what was posted on the rota for that week?

    You're issue gets 'headed off at the pass' by other issues such as you should be working your contracted hours and shifts. There are numerous issues surrounding 'on call' type scenarios. www.workplacerelations.ie would be a good place to start reading.


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    #3
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    They have to pay you your contracted hours per week, if you have a 15 hr contract and you are working from hour 16 to 20 then yes they could 'ask' you to go home, but you might refuse and still get paid. I have no law to quote to back this up but it has been agreed with the unions.

    Now if they ask you to go home and you agree then they dont have to pay you, get my drift?!


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    #4
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    sounds to me like they want to do TOIL in reverse - so basically send you home early so you will owe them hours later on at no extra cost to them? Very strange. If they will need extra hours later then can just do it the normal way, ask you to do the extra hours, not for OT but for TOIL. Then after the busy period, send you home early but paid of course. Sounds to me like the manager has things a bit mixed up. If you are available to complete your contracted hours and they send you home early, despite your availability then they have to pay you for the contracted hours. So basically as wmpdd3 says, if you get sent home when you want to work, they pay. If you volunteer to go home (i.e make yourself unavailable for work voluntarily) then they don't have to pay as it could be argued that you agreed to waiver your minimum contracted hours that day/week.


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