Are they allowed to do this?

1moo345

I started my job (fast food service) around nine months ago. As expected, it is hell. Anyway, I have been doing good (offered promotion after six months) and I don't mind the job itself, it is just the hours and conditions that annoy me.

When I started it was made very clear it would be max nine hrs for five days a week. (ha!) I have increasingly had to work WELL over the nine hours, which wouldn't bother me to begin with, but my problem with it is I will be scheduled for an eight or nine hour shift, and then near the end they'll say you have to stay on for another few hours. Now that is well and good now and then, but this has become daily. Sadly, I don't even exaggerate when I say daily.

I and other staff have gave out about the unreliability of hours, most of us having to cancel appts. or plans more than once or twice every week. In response to this they hired five new staff, only one of which is part time and able to do flexible shifts.

I am sick of working six days a week for no money, and having absolutely no life. I know it is to be expected to some point in this job but how much is too much ? I once worked 12 days straight including two overnight shifts without a day off, just to get the week off I had requested months previous.

It isn't just me in this dilemma, it is 99% of the staff. We have complained to no avail. It is a very big international company, so going above is not really an option because you are unheard. There is no one to talk to about these things apart from your restaurant manager, who already knows what is going on as we have said it but not much has changed.

I physically cant do it anymore, can't wait to find another job.

Suppose I just needed a rant, I know there isn't much legalities to help me here but maybe if others shared their experiences of this kind of situation and what you did?

I would love nothing more than to just up and quit but I have rent to pay etc.

I am just in a mode of get up, work, come home and go straight to bed then work again (on occasion without eleven hr break between shifts)


I am at my wits end

Sorry for the long rant, and thanks in advance.

blindsider

Sounds like they're happy to flout laws at will. You could go to NERA etc but it's probably just hassle.

3 options:

- Tough it out

- Leave

- At the end of your next shift, say "Sorry - I've something planned. I can't stay." And leave for the day. Repeat at will.


Hope your situation improves.

1moo345

Thanks for the reply... I used to stay every single time at first but now I do said if i can't stay but after I done that a few times they just stopped asking me and leave me on my station with no one to take over. If I ask to leave they say not till someone can cover you and if you leave you'll get a warning.

I know there isn't much I can do until I leave but I need to rant anyway.

Mrs OBumble

There is an area manger. Sounds like you need to find out who s/he is, and letting him know that the roster manager is not doing a good job.

1moo345

Mrs OBumble wrote: »

There is an area manger. Sounds like you need to find out who s/he is, and letting him know that the roster manager is not doing a good job.

Me and twenty others have done so, to no avail.

I don't think you realise there is no one in the business that doesn't know what is going on. It's accepted.

Carlo8

1moo345 wrote: »

Me and twenty others have done so, to no avail.

I don't think you realise there is no one in the business that doesn't know what is going on. It's accepted.

Check out Citizens Info Website.
"Provision of information about working hours For many employees the hours of work are specified, for example, in their contract of employment or in an ERO or REA.  If the hours of work are not specified, under Section 17  of the Act, the employer must notify the employee of the starting and finishing times at least 24 hours before the first day or the day of each week the employee is required to work. The employer can do this by putting up a notice in a conspicuous place in the employee's workplace on a day when the employee is working. If the employee is required to work additional hours the 24 hours' notice must be given in the same way. However, in unforeseen circumstances such as another employee off work sick, the employer can ask the employee to work at less than 24 hours' notice."

I made complaint with the LRC and once my employer received notice of complaint they quickly cleaned up their act. I since cancelled the complaint with LRC but knowing I can resubmit it at anytime keeps my employer in line. Join a Trade Union for extra support.

DesperateDan

Carlo8 wrote: »

Check out Citizens Info Website.
"Provision of information about working hours For many employees the hours of work are specified, for example, in their contract of employment or in an ERO or REA.  If the hours of work are not specified, under Section 17  of the Act, the employer must notify the employee of the starting and finishing times at least 24 hours before the first day or the day of each week the employee is required to work.

That's interesting, although it does'nt work everywhere in practice. I've worked in Domino's for the last 6 years and because we are on zero hour contracts if I was to complain about my hours being put down on the roster as 4 p.m. to 'Rush' (meaning send me home whenever the hell the manager feels like), I would just be cut from next weeks roster all together :pac:

Carlo8

Unfortunately what employers should do differs from what they actually do but legally speaking regardless of the type of contract you have if you have worked 6yrs consecutively they must give you 4weeks notice before ending your employment contract. Check out the Minimum Notice on Workplace Relations website. You're also entitle to a minimum of 11hrs between shifts and 24hrs off every 7 days

1moo345

Thanks everyone for the replies.

They say in my contract is says you are obliged to stay on when asked. In my contract is says this:

"Hours of work:
Your hours of work cannot be guaranteed depending on how busy the restaurant is. However you have indicated your availability as follows (mine is fully flex for any FIVE days). Sometimes it is necessary to increase or reduce the number of hours you work to take business fluctuations into account. If changes are to be made to your schedule, your manager will notify you as soon as possible. "

To me, that just takes into account it may or may not be busy, but nothing about being obliged to ALWAYS stay past scheduled hours or am I wrong?

It also says;
'You are entitled to 11 consecutive hours rest in any period of 24 hours. In addition you should get 24 consecutive hours rest in any period of 7 days and this should normally follow on from one of the 11-hour rest periods already mentioned'

This means it is legal for only one day off? Or am I reading wrong? it just doesn't seem fair and in such a busy job with long min wage hours, one day doesn't seem fair time to rest.

Stheno

1moo345 wrote: »

Thanks everyone for the replies.

They say in my contract is says you are obliged to stay on when asked. In my contract is says this:

"Hours of work:
Your hours of work cannot be guaranteed depending on how busy the restaurant is. However you have indicated your availability as follows (mine is fully flex for any FIVE days). Sometimes it is necessary yo increase or reduce the number of hours you work to take business fluctuations into account. If changes are to be made to your schedule, your manager will notify you as soon as possible. "

To me, that just takes into account it may or may not be busy, but nothing about being obliged to ALWAYS stay past scheduled hours or am I wrong?

It also says;
'You are entitled to 11 consecutive hours rest in any period of 24 hours. In addition you should get 24 consecutive hours rest in any period of 7 days and this should normally follow on from one of the 11-hour rest periods already mentioned'

This means it is legal for only one day off? Or am I reading wrong? it just doesn't seem fair and in such a busy job with long min wage hours, one day doesn't seem fair time to rest.

Yes one full day off is perfectly legal each week

1moo345

Stheno wrote: »

Yes one full day off is perfectly legal each week

One day a week is nothing when you are stuck in one place everyday. When you sign up for a five day job, they should make it clear you have to work six at times. Not just say absolutely five and that is it. If that is the case the majority of people would not agree!! It seems unfair that they didn't state it in the first place, even if legal.

And just to add, it is the majority of the time not because it is busy, but down to not enough people being scheduled for a certain day and people not showing up/calling sick repeatedly.

TimeToShine

Why don't you just leave when your 9 hour shift is up?

Sometimes you have to act dumb. When the clock hits 5 just pack up your things and leave. Let the roster manager scratch his head and wonder what happened when there's nobody at the tills, that might knock some sense into him.

TimeToShine

Why don't you just leave when your 9 hour shift is up?

Sometimes you have to act dumb. When the clock hits 5 just pack up your things and leave. Let the roster manager scratch his head and wonder what happened when there's nobody at the tills, that might knock some sense into him.

Are you being paid overtime for these additional hours?

1moo345

Because the people that have done that in the past got fired and although I would almost love that, I need to pay my rent etc or I have nowhere to live.

We get the normal rate 8.80 for if we stay and hour but say it is an hr and a half, we only get paid for the full hour and not the half if that makes sense. Like if I am only half an hr late going home (never happens to be only half hr, but anyway) I won't get paid for the half hr.

Stheno

1moo345 wrote: »

One day a week is nothing when you are stuck in one place everyday. When you sign up for a five day job, they should make it clear you have to work six at times. Not just say absolutely five and that is it. If that is the case the majority of people would not agree!! It seems unfair that they didn't state it in the first place, even if legal.

And just to add, it is the majority of the time not because it is busy, but down to not enough people being scheduled for a certain day and people not showing up/calling sick repeatedly.

Look you've three choices here:

1. Escalate up the management chain until someone takes some notice.
2. Report the company to NERA
3. Find another job.

TimeToShine

1moo345 wrote: »

Because the people that have done that in the past got fired and although I would almost love that, I need to pay my rent etc or I have nowhere to live.

We get the normal rate 8.80 for if we stay and hour but say it is an hr and a half, we only get paid for the full hour and not the half if that makes sense. Like if I am only half an hr late going home (never happens to be only half hr, but anyway) I won't get paid for the half hr.

You shouldn't be staying for any period of time that you're not getting paid for.

It's a sticky situation, I'd agree with the two posters who gave you three options, looks like there isn't much else you can do.

1moo345

Thanks for the advice everyone, I guess you're right.

I will keep you posted on how the above goes!!!!!

Thanks again.