Governing bodies for retail work?

mags4k

Hi All,

I've been searching high and low as to find an organistation that I can refer my employer to in regards to paying below minimum wage & unfair working breaks.

At present, I'm 25 years old and I'm being paid €7.50 an hour which is far below minimum wage but in desperate times I feel like I have no choice but to work for this.

Also, I work 10-9 with a 1 hour break, I dont think this legal either as the previous job I was in I worked 10-6.30 and I was allocated a 1 hour lunch break & a 15 minute paid break.

Help!

Nody

Your break times are correct, 2x 15 min paid, 1x 30 min unpaid until you go past 12h of working time.

For salary:

Since 1 July 2011 under SI 331 of 2011 the national minimum wage for an experienced adult employee is €8.65 per hour (was €7.65). An experienced adult employee for the purposes of the National Minimum Wage Act is an employee who has an employment of any kind in any 2 years over the age of 18 - see also 'Rates' section below

•An employee who is in the first year of employment since the age of 18 is entitled to €6.92 per hour (80% of minimum wage)
•An employee who is in the second year of employment since the date of first employment over the age of 18 is entitled to €7.79 per hour (90% of the minimum wage)

So how much work experience do you have after you're 18?

All the above information from Citizen Information's page on minimum rates of pay.

mags4k

Nody wrote: »

Your break times are correct, 2x 15 min paid, 1x 30 min unpaid until you go past 12h of working time.

For salary:

So how much work experience do you have after you're 18?

All the above information from Citizen Information's page on minimum rates of pay.

I must have had an over generous employer in my last position, thanks as I was unsure of the correct breaks.

I have been working in retail for 7 years with no breaks in employment.

Nody

mags4k wrote: »

I must have had an over generous employer in my last position, thanks as I was unsure of the correct breaks.

I have been working in retail for 7 years with no breaks in employment.

Which would put you at 8.65 minimum; I'd bring it up with your direct manager that your hourly rate appears to be incorrect and show them a Citizeninformation pamplet or similar.

mags4k

Nody wrote: »

Which would put you at 8.65 minimum; I'd bring it up with your direct manager that your hourly rate appears to be incorrect and show them a Citizeninformation pamplet or similar.

I have previously tried that, but he has stated that he classes me as an unskilled employee when I havent already worked in his establishment, which I know is total bull but I cant afford to leave. Stuck between a rock & a hard stone unfortunately.

wmpdd3

You can report your employer to NERA, but in reality there would need to be a few complaints before there is an audit done on the place.

Are there more employees in the same boat?

Mainly NERA are interested in unpaid holidays, under payment of wages / rate. Non payment of PRSI etc.

Do you get a payslip? Did you get a contract?

mags4k

Yeah there's four of us in total being underpaid even though we do have more than enough exp.. would that count as sufficient? I get a payslip, I also signed a contract but I havent yet been given a copy. Although, there was no agreed wage stated on the contract

Bepolite

How I would deal with the situation:

1) Raise an official grievance, the likelihood is there is no grievance procedure.
2) Start researching EAT and take you employer to it.
3) Be sacked (probably)
4) Engage solicitor

Then again I've got rather militant about these things in my old age. The above assumes more then 12 months service.

Assuming a 40 hour week you'll be €122 a week worse off on the dole, but look into what other assistance you might get, for example rent allowance. It's easier to find a job when you've the impetus to do so (e.g. not having one!)

Unless you're forming/joining a union don't get yourself tied up with others. Sort yourself out quietly let others sort themselves. Abide by any confidentiality agreement (official or otherwise) you may enter into. NEVER discuss your pay with ANYONE.

wmpdd3

Sometimes there can a be a passive aggressive way to get what you should be getting.

Are any of the other people claiming any type of assistance from the social welfare?

Maybe get some application forms for FIS / part time JSB atc and ask for them to be filled in, the employer will have to put down your rate of pay, if they really believe that it is the correct amount , let them put it in writing!

This may get you now where but you have nothing to loose, bar your job!

If this does not work it looks like a complaint to NERA is an option.

The option above is and option but really has downsides.