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On call conditions?

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  • 24-09-2013 9:54am
    #1
    um7y1h83ge06nx
    Closed Accounts Posts: 5,029 ✭✭✭


    Hi guys,

    I've been working in a place for almost a year. Recently they have asked that I be available at the weekends for "support". This would be once every 5 or 6 weeks and would be from Friday night until Sunday evening.

    They are offering no on call pay or overtime rates but said that if I am called to do some work that that time can be taken in lieu.

    How does this sound to you guys? Is it normal just to be given the time in lieu or it on call rates followed by overtime rates if you do get called more normal?


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    #2
    Daemonic
    Registered Users Posts: 1,504 ✭✭✭Daemonic


    I've done on-call previously and there were a couple of types I encountered in different companies. If I had to be available, then there was an on-call rate (anywhere from 8-15%) and if you received a call, double time kicked in.

    The other type was similar to what you describe, but it was accepted that unless it was convenient, I didn't have to take a call. If I choose to take a call it was double-time rather than time in lieu though.


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    #3
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    What's the nature of the work? If for example you'd have to drop everything and drive out to a location, that seriously hampers any plans you can make for the weekend. In that instance I'd be asking for some kind of acknowledgement of this in the form of a payment. If your contract has nothing about being on call I'd try and negotiate with them.


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    #4
    um7y1h83ge06nx
    Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    I don't have to travel at least.

    It would be I.T. support more or less, just need my laptop and an internet connection.


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    #5
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    And nothing in your contract about being on call?

    The only thing I can find in the legislation (from my limited search) is that on call time is not included for minimum wage purposes. In that case I would assume it is up to agreement between employee and employer.


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    #6
    um7y1h83ge06nx
    Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    Nothing in the contract.

    I don't expect to be called much, it's just the fact that you need to consider that you may get called and have things arranged so I can get working quickly.

    In some ways I don't want to rock the boat too much as generally the environment is very chilled out, there has only been 3 or 4 days in the past year where I needed to stay back a little late. If it was a weekday evening or two it would be grand, it's the weekends that suck a bit though.


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    #7
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    Tell them you are happy to be on call and ask for remuneration. Why would you work for free?


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    #8
    Victor
    Registered Users Posts: 78,423 ✭✭✭✭Victor


    I understand that when you are on call that you are entitled to pay at 25% of the normal rate.


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    #9
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    You also say it's from Friday night to Sunday evening. Would you be getting calls at 3am or really only expecting it during the day? I'd be laying all this out to my boss and saying that it's more than just the time spent on any call you get.

    I'm in a job that requires a lot of travel and extra hours that don't get paid (since it's salaried employment), however my boss has discretionary payments for 'above and beyond'. Of course this is dependent on the industry and if your company has the money, which it doesn't sound like they do since they're offering time in lieu.

    In the end, you say you don't want to rock the boat. Presumably the other conditions of work you're happy with, pay, hours, etc. What do your colleagues think?


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    #10
    um7y1h83ge06nx
    Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    drumswan wrote: »
    Tell them you are happy to be on call and ask for remuneration. Why would you work for free?

    I did that. The answer (from the States) is that they wouldn't like to pay me as everyone else has been happy to be available (for no extra pay).

    Everyone else is some of the people in the States and my Project Manager here in Ireland (who loves working and would be more than happy to work extra hours).

    By the way we are just contractors to the people in the States.

    Also because of what I do I would be the only person in Ireland apart from the Project Manager that will be on call.


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    #11
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    I did that. The answer (from the States) is that they wouldn't like to pay me as everyone else has been happy to be available (for no extra pay).
    Sounds highly unlikely. IT professionals do not go on call in Ireland for free. I suggest you politely decline their offer if it doesnt come with payment.


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    #12
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Victor wrote: »
    I understand that when you are on call that you are entitled to pay at 25% of the normal rate.

    This is for contract hours and not on call rates
    (5) References in this section to an employee being required to make himself or herself available to do work for the employer shall not be construed as including references to the employee being required to be on call, that is to say to make himself or herself available to deal with any emergencies or other events or occurrences which may or may not occur.


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    #13
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Kaylee Old-fashioned Tomb wrote: »
    I don't have to travel at least.

    It would be I.T. support more or less, just need my laptop and an internet connection.


    ... and to be sober (at least sober enough to work - personally I wouldn't touch any work if I was even slightly under the influence), and able to drop everything and respond within what timeframe?

    Eg If your mother is visiting for tea, and would reasonably expect to spend the next couple of hours with you, do you have to tell her to go home so you can respond immediately? Or is there a three-hour window or suchlike?


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    #14
    ifah
    Registered Users Posts: 576 ✭✭✭ifah


    You have to consider that if you are expected to be on-call for a weekend that you will end up working for the entire weekend - what do you propose to do in that case ? The very fact that they are bringing it up and asking you to do the work is an indicator that they expect an escalation in requirements. So take worst case - On-call for 62 hours and possibly working a big chunk of those. Why would/should you agree to do that for no pay ?

    I work on-call quite a lot in IT support and would never agree to a contract that did not pay O/T or On-call - unpaid o/t & on-call is for the perm employees who are happy with their 10-20% bonus at the end of the year. I have turned down very good contracts because they expected me to do on-call for free, one place even had a Trading desk in Singapore which would require support from 3am every day for no extra pay.


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