Working Sundays

Heart Break Kid

Hi, currently Full-time student and work part-time in retail as front line staff.

I noticed something that came up in a conversation with a manager who was offering hours at another site and he said that we would get paid 1.5 pay (which unfortunately he was wrong). No issues with making mistakes but got me thinking.

As I am part time I get paid 10.05 per hour, sometimes monthly bonuses depending on store performance but usually very irregular(quarterly almost).I do receive double time on bank holidays if worked.

The firm doesn't do over time and only offers lieu time for full timers who work extra hours and when it comes to bank holidays for full timers it gives the option of an extra day off if the bank holiday is worked which I've always felt was reasonable. Full-timers also have a built in extra 5% to their yearly salary for working Sundays which is taken away if they opt out of Sunday working (rarely happens)

However as being part-time in retail working Sundays is as standard however we don't get any increase per hour for working Sundays.

So after a small bit of research I came across this
"Sunday working

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 (Not really an option)"
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."

As there is no union there is no two way communication about issues like this, I was wondering if anyone had any opinions on how the part in italic would relate to part time employees?

Thanks in advance.

HBK

Mrs OBumble

Heart Break Kid wrote: »

So after a small bit of research I came across this
"Sunday working

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 asked for opinions .... so here's mine: I've bolded the bit which is relevant. You're a part time worker, hired to fill in the hours when full-timers aren't available. Agreement about your pay for Sundays was reached when you were hired.

(When I was a student, I worked in a place where Sunday shifts got time x 1.5. I took them like anyone else, but it always seemed unfair that we got paid more, for working the easiest day in the week.)

therecklessone

Mrs OBumble wrote: »

You asked for opinions .... so here's mine: I've bolded the bit which is relevant. You're a part time worker, hired to fill in the hours when full-timers aren't available. Agreement about your pay for Sundays was reached when you were hired.

Compensation for Sunday working is a statutory right, would you advise a person asking about holidays or rest periods in work to suck it up if they were being denied thier statutory rights?

OP, the relevant section of the relevant legislation is here: http://www.irishstatutebook.ie/1997/en/act/pub/0020/sec0014.html#sec14

It states:

Sunday work: supplemental provisions.

14.—(1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely—

(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or

(b) by otherwise increasing the employee's rate of pay by such an amount as is reasonable having regard to all the circumstances, or

(c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or

(d) by a combination of two or more of the means referred to in the preceding paragraphs.

The absence of a trade union does not mean that two-way communication does not take place, it just means you have to do the communicating on your own behalf. If you need something a bit more official to support your discussion visit your local Citizens Information centre for some more official advice.

The Labour Relations Commission has a code of conduct document for the retail trade which deals with among other things companies that are non-unionised.

If your employer refuses your request you can make a complaint under the Organisation of Working Time Act through the Workplace Relations website.

Best of luck.

mikehunts

?

Heart Break Kid

I'm a bit uncertain what you Mrs OBumble,

Agreement about your pay for Sundays was reached when you were hired

But if there was no Agreement? Would that non mean I would be entitled to either one of the options below

A reasonable allowance
A reasonable pay increase
Reasonable paid time off work

Thank you therecklessone for your detailed response.

As I'm in college I am only available for a certain amount of days to work, obviously weekends being the main days I do work. Where would you believe I might stand as of fact I am willing to work Sunday because I cannot work very many other days so I wouldn't necessary want the day off.

micks

therecklessone wrote: »

It states:

Sunday work: supplemental provisions.

14.—(1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely—

(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or

(b) by otherwise increasing the employee's rate of pay by such an amount as is reasonable having regard to all the circumstances, or

(c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or

(d) by a combination of two or more of the means referred to in the preceding paragraphs.


.

I assume he gets paid so why not take this into account?

micks

compensation for OT/Sat/Sun/BH etc is that it cant be less than normal pay

no real law or entitlement for extra

Mrs OBumble

Heart Break Kid wrote: »

I'm a bit uncertain what you Mrs OBumble,


But if there was no Agreement? Would that non mean I would be entitled to either one of the options below.

What do you mean there was no agreement? They offered you a job on certain days, for a certain rate. You accepted. If that's not agreement, then I don't know what is.

Killed

A Sunday premium may already be included in the rate you are paid. Did you get a terms of employment or contract ?

noodler

Heart Break Kid wrote: »

Hi, currently Full-time student and work part-time in retail as front line staff.

I noticed something that came up in a conversation with a manager who was offering hours at another site and he said that we would get paid 1.5 pay (which unfortunately he was wrong). No issues with making mistakes but got me thinking.

As I am part time I get paid 10.05 per hour, sometimes monthly bonuses depending on store performance but usually very irregular(quarterly almost).I do receive double time on bank holidays if worked.

The firm doesn't do over time and only offers lieu time for full timers who work extra hours and when it comes to bank holidays for full timers it gives the option of an extra day off if the bank holiday is worked which I've always felt was reasonable. Full-timers also have a built in extra 5% to their yearly salary for working Sundays which is taken away if they opt out of Sunday working (rarely happens)

However as being part-time in retail working Sundays is as standard however we don't get any increase per hour for working Sundays.

So after a small bit of research I came across this
"Sunday working

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 (Not really an option)"
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."

As there is no union there is no two way communication about issues like this, I was wondering if anyone had any opinions on how the part in italic would relate to part time employees?

Thanks in advance.

HBK

Don't suppose you work in a well-known video store?

I used to, we got paid time +20% on a Sunday.

I wonder is that included in your 10.08 per hour? (Not a bad hourly wage imo! - think I was on about 8.80 - always a few cents above minimum).

Heart Break Kid

Thanks for your replies guys,it's a more of an area of general interest that clashed with a personal interest. I'll review the T&Cs of my contract and flesh it out from there again thank you.

HBK

The Veteran

They piece as already pointed out is around whether the rate for the job already takes a Sunday premium into account.

What you could look at which potentially is worth more to the OP is to ensure you are getting paid the same as full time or permanent staff as you are entitled (save only for a salary scale and the age rules on the mimimum wage) to the same pay as permanent or full time staff, Protection of Employment (part time workers) Act - forget the year.