Working unpaid overtime and pay on public holidays

LegacyUser

Is it legal to pay an employee who works on a public holiday at 1.5 times their normal days pay, when no day is given off in lieu and no additional day is added to annual leave? I always assumed an employee would have to be paid a minimum of twice their normal days pay for working on a public holiday in these circumstances. But at a rate of 1.5 times I am effectively working an extra day for half the pay, or am I interpreting it incorrectly? I am also expected to work every Irish public holiday except for Christmas day - which doesn't sound fair. It's an office based job paying a fixed annual salary.

The contract stipulates the hours are 8am - 4.30pm with no additional pay for working overtime. I was told their would be a small amount of overtime expected for a few days at the end of each month but it appears that overtime is a daily occurrence, if something happens around 4.30pm I am expected to stay until it's finished which might take 30-60 minutes, sometimes longer.

therecklessone

The Organisation of Working Time Act 1997 details your entitlements in respect of public holidays. You are entitled to one of the following for every public holiday worked:

(a) a paid day off on that day,

(b) a paid day off within a month of that day,

(c) an additional day of annual leave,

(d) an additional day's pay

It is up to your employer to decide which applies, subject certain notification periods detailed in the Act.

Are you receiving an extra 1.5 days pay, or is it just 0.5 days (with the other 1 day being from your normal salary)?

As for the overtime, unfortunately unpaid overtime is pretty much the norm in a large number of jobs in Ireland, and the only legal entitlements you have in this regard are to maximum hours of work (48hrs per week averaged over a 17 week period) so unless your contract specifically states no overtime is required then I think you will have to grin and bear it (or look elsewhere)

LegacyUser

Thank you for replying.

I started just after the June bank holiday so I have yet to work on a bank holiday but I was told by my manager and coworkers that I would be paid at a rate of 1.5 times of a normal days salary for working on a bank holiday. This would be my normal working day plus 0.5 extra pay for working on the public holiday. I thought I should be getting at the very minimum 2 times my normal pay for working on a bank holiday - ie my normal day plus an additional day of pay for working that bank holiday. This is what happened at my previous places of employment when I wasn't given any of A, B or C from the information you linked to.

I don't mind the overtime per se, but I feel I was somewhat mislead. I was led to believe it would be 2 or 3 days per month but it has been every day since I started three weeks ago. I was told the hours would be 8am - 4.30pm as per my contract but it really seems to be 8 - 5pm plus 'overtime'. I really like the job but I feel like I'm get shortchanged when it comes to overtime and public holidays.

Mrs OBumble

You've only been there for four weeks - I'd give it a bit more time to judge what's normal as yet, you're only learning the job so far so would expect somethings to take a bit longer.

Also, whether to be upset about the overtime depends on how much you're paid, and what prospects the job has. If you're on minimum wage, then yes, be upset - but perhaps keep a log of the hours and precisely why you had to stay late and ask the manager what the arrangements for time-in-lieu are. But if you're on a lot more (say 35k+) then just chalk it up as part of the job.

I'd wait and see how the bank holidays thing pans out: it's possible that you may get 1.5 days pay AND another day off instead. (Eg you might get French or whatever public holidays instead of Irish ones, if you're required to work all the Irish ones.)

LegacyUser

Thanks, Mrs Bumble.

The salary is €30,000. I admit I am only there a short time but the overtime isn't a result of me learning the job, it will be a daily occurrence because of the time differences between Ireland and America. It's an international company so if a number of clients in America need something done around 4.30 I have to stay until it's completed. The worrying part is that this would be considered the off-peak time of the year and I am still doing a lot of 'overtime' so I would like to address this situation sooner than later.

I kind of feel like I was intentionally misled, where 'overtime' is basically a part of the typical working day that they don't have to pay me for. The hours were supposed to be 8am - 4.30pm with 2-3 days requiring overtime each month. If the hours were 9am - 5.30pm I wouldn't have any issue as this would cover the bulk of what they deem to be overtime. I kind of feel a little cheated.

Due to the international nature of the business, the company is open all year round except for Christmas day so it's only an additional payment for working public holidays and no day is given off in lieu or at a later date. Am I correct in saying that I should be getting my normal days pay and an extra days payment for working on public holidays in this case,(ie: Normal day €100 + bank holiday payment of €100 = €200 for working on bank holiday)
rather than my full days payment plus an extra half days payment for working on a bank holiday, (ie: Normal day €100 + bank holiday payment of €50 = €150 for working on bank holiday).

therecklessone

capslockf7 wrote: »

Am I correct in saying that I should be getting my normal days pay and an extra days payment for working on public holidays in this case,(ie: Normal day €100 + bank holiday payment of €100 = €200 for working on bank holiday)
rather than my full days payment plus an extra half days payment for working on a bank holiday, (ie: Normal day €100 + bank holiday payment of €50 = €150 for working on bank holiday).

You should be receiving an extra days payment, so in the above case it would be €200.

tenifan

I'll bet your contact says you work a 37.5 hour week, 8-4.30 with overtime as required.

If i were you, I'd request a change in working hours from 9-5.30, telling hr/your manager that it makes more sense as it allows you to work more effectively with the american team.

If this request is denied, it's enough evidence to say your employer is pulling a fast one.. That Your hours are really 8-5.30 and the 37.5 hours in your contact are nullified by the overtime clause. Does 30k justify the extra hours?

There are other ways to skin a cat if you're not too worried about your job. If some one phones you at 4.30pm, tell them "sorry, im finished up for the evening. Email me the details and I'll work on it first thing in the morning." Or "I'll be available from 4a.m your time tomorrow"

You could also try out a 2 hour lunch break from 12 til 2. If your manager comments, say "im planning on working late today, so decided to make it to the gym/shopping/etc at lunch time"

I find with companies the more you do the more they expect of you, so don't let them away with it.