Is my employer taking the proverbial?

Max3000

Howdy.

I have been employed as a service engineer in the it sector with the same company for over 6 years now.

When I started this job is was on the understanding that there will be some travel involved. In my contract it states that 'your normal place of work is in the company headquarters, however from time to time you may have to travel to customer sites to work'. That's fine, but my issue is that since day 1, I travel away from home all week, every week. As in I leave home on Monday and do not return until Friday. I was told very early on that this would be a temporary measure and that I would not be expected to travel all the time. This was 5 years ago.

My other issue is that although I receive a 'per day' expense, I receive no extra pay for being away from home all the time. There are people sitting in the office doing exactly 38.5 hours a week getting paid the same as me. It states in my contract that the normal working week is 38.5 hours. My week starts on Monday morning and doesn't end until late Friday night (usually late Friday at that). There is no mention of overtime in my contract but is does state that 'employees have to have a flexible approach to working hours as from time to time you may be required for commercial reason to work outside normal hours'.

How do you define how many hours I work when I leave home on Monday and don't return until Friday ? Where do I stand on the overtime issue? I am at my wits end with this job as if I turn to my employer and tell them I am fed up with all this travelling (which, believe me, I am) then they will turn around and say there is no work for me so bye bye. Also, if I tell them I want to submit an overtime claim I suspect they will just laugh at me as 'we don't pay overtime'

What say ye?

Mrs OBumble

Are you recording how many hours you are actually spending working? Just because you're away from home doesn't mean that you cannot sleep, eat dinner, go to a movie in the evening, etc.

When did you last talk to your employer about when the travel situation would change?

How often do you meet your manager?

Max3000

Mrs OBumble wrote: »

Are you recording how many hours you are actually spending working? Just because you're away from home doesn't mean that you cannot sleep, eat dinner, go to a movie in the evening, etc.

When did you last talk to your employer about when the travel situation would change?

How often do you meet your manager?

Strictly speaking there is no record of the hours I work, I have an itinerary to get through during the week, and as long as it is done my boss is happy. There are however countless flight records to show I start very early on a Monday and get home late Friday.

My week usually starts at 5 or 6 am on Monday, with a 8 or 9am flight to wherever the work is (the UK and further afield), then a full days work wherever that is, followed by travelling to wherever the next job is which might be at the other end of a country. My day is generally 9-6 although it is frequently 9-8 and I usually have to sit down after work to catch up on emails and submit documentation. I then get home late on a Friday night (if I'm lucky it's in time to put the kids to bed) and I then have to spend Sunday evening getting ready for the week ahead. I sometimes have to visit the HQ on a Saturday or meet a colleague somewhere to pick up kit.

So, how do you put an exact figure on the number of hours worked. It is certainly more than 38.5 as states in my contract. It also states that anything beyond 38.5 will be agreed ahead of time and the employee will be given reasonable notice of this.

I do not find out what my following week will entail until emails start arriving on my phone on Friday afternoon with flight details. I am never asked if it is convenient for me to be away all week (I have a young family), it is presumed I will do the work.

The last time I discussed this with my manager (who I might meet once every 2 weeks or so) is that the situation is being worked on and that they are 'actively seeking a solution' to the problem. I am asked to 'hang in there' until the situation changes.

I emailed our CEO and outlined my concerns to him and did not receive a response.

I should point out that I am being paid pittance for this job. I come home with 440 euros a week, plus expenses.

Max3000

Anyone have any advice regarding my number of hours worked and my travel requirements? Ideally I would like a regular 9-5:30 in the office but if I request that and they turn me down, where would I stand?

Nody

Max3000 wrote: »

Anyone have any advice regarding my number of hours worked and my travel requirements? Ideally I would like a regular 9-5:30 in the office but if I request that and they turn me down, where would I stand?

Nowhere as you've done it for six years it is seen as part of standard contract now.

Sadderday

Max3000, I advise you get onto the National Employment Rights Authority (NERA)
http://www.employmentrights.ie/en/
They are equipped to answer such qs and advise on corrective action if necessary.

Max3000

Nody wrote: »

Nowhere as you've done it for six years it is seen as part of standard contract now.

Even though I have been told on a number of occasions that this would be a temporary measure? Is the written contract not 'law' so to speak?

listermint

Why not consider looking for a new position elsewhere ?

If im honest youve let it got for too long its now seen as 'your job' you probably should have made concerns much earlier. Looks like part of your day to day.

Burgo

listermint wrote: »

Why not consider looking for a new position elsewhere ?

If im honest youve let it got for too long its now seen as 'your job' you probably should have made concerns much earlier. Looks like part of your day to day.

Yeah I'd agree, it's gone on for so long at this stage it appears to be the norm.

Have you looked for a job elsewhere?

Max3000

Thanks for the replies folks.

I made my concerns very clear very early on, as in many years ago, and have done repeatedly since. I have written proof of this.

This all came to a head when ankle biter number 2 came along and my wife got sick of being a single mum mon-fri. I am in the process of applying for other jobs.

My other issue is that despite all the travel, despite all the hours and very, very hard work, I actually love what I do. I am respected by colleagues and customers alike and it would break my heart to leave a role that I actually enjoy. I fear leaving a job I am good at for something I may hate. Needs must I suppose.

Burgo

Glad you enjoy what you do, but it does sound like your employer is taking you for a ride, the constant ignoring of your complaints is telling.
You could always take any offers you get back to your employer to negotiate a better deal.

Max3000

Thanks all.

I've been given conflicting advice on the issue. Some saying that as I've put up with it that it has become my norm therefore I don't have a leg to stand on, others saying that it's a clear breach of contract. As advised above, I've contacted the employmentrights.ie people who put me in touch with the FLAC (Free Legal Aid Center) and I have an appointment with them in a week. Will let ye know how I get on.

Chris_Heilong

Just talk to your boss, tell them its on fair and you think its time they do a swap with someone else so you dont have to travel, you have being doing them a favor all this time and its time to change.