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Sunday extra

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  • 12-08-2013 1:03am
    #1
    sallyd
    Registered Users Posts: 2 ✭


    Around two years ago all of the employees in a place I work were asked to sign a form waving the rights to Sunday extra payment. I work there only weekends but still thought it was unfair and refused to sign it. I was being paid this extra for next couple of months but then it stopped. At that point I had a temporary financial crisis and did not want to risk not being given Sunday shifts so I never brought it up. I am wondering now if I have a right to claim this money back. Any ideas?


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    #2
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    I would say no because by continuing to work for so long at the new rate you in effect agreed to the new arrangements. Also NERA only give 6 months for you to make a claim for non/under paid wages. But I think it would be best to check with an employment law solicitor.


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    #3
    sallyd
    Registered Users Posts: 2 ✭sallyd


    Okay, thanks for that. I have to think it through and see if it's worth it.

    Speculating that I did tell them right after they had stopped paying me: would they be right to take my Sunday shifts or would it go under "victimisation at work"? Do you know?


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    #4
    Cpt. Kelloggs
    Registered Users Posts: 23 ✭Cpt. Kelloggs


    The form that you were asked to sign and other employees did is not worth the paper it is written on. The requirement to pay a Sunday premium is stated in the Organisation of Working Time Act. No employer can ever contract out of a statutory obligation! Ever!! Give NERA a call and report the situation, they will explain what should happen from here.


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    #5
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    Cpt. Kelloggs wrote: »
    The form that you were asked to sign and other employees did is not worth the paper it is written on. The requirement to pay a Sunday premium is stated in the Organisation of Working Time Act. No employer can ever contract out of a statutory obligation! Ever!! Give NERA a call and report the situation, they will explain what should happen from here.
    Sorry but you need to read it a a second time; Sunday pay is NOT mandatory and can be negotiated away for something else (for example weekend pay rather then only Sunday or evening pay etc.)


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    #6
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    As Nody says there are alternatives to additional pay for Sunday working. All that is has to be is 'reasonable' and negotiated between both the employer and employee. It could be a simple thing as a meal allowance for example.
    citizensinformation.ie wrote:
    If you do Sunday work your entitlement to extra pay may be agreed between you and your employer. Under the Organisation of Working Time Act, if there is no agreement about your pay, your employer must give you one or more of the following for Sunday working:

    •A reasonable allowance
    •A reasonable pay increase
    •Reasonable paid time off work
    What is reasonable depends on all the circumstances. It is a matter for negotiation between you and your employer and, where applicable, your trade union. Some guidance may be obtained by referring, where possible, to an agreement applying to comparable employees elsewhere in similar employment.


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