Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Over time I cannot do.

Options
  • 19-12-2015 4:52pm
    #1
    Calmcookie84
    Registered Users Posts: 163 ✭✭


    My manager has put me down on the rota for overtime on a day I cannot do it. I normally work on this particular day from 12-4. My manager has pencilled me in for 12-6. I told her that I can work my normal hours on this day but cannot work on until 6 because of a family function. She still hasn't changed the rota and I'm worried that she will force me to work the overtime. I offered to do the overtime on another day but she hasn't come back to me on that either. What I'm asking is, can my manager force me to do overtime that I genuinely can't do?


«1

Comments

  • Options
    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Calmcookie84 wrote: »
    My manager has put me down on the rota for overtime on a day I cannot do it. I normally work on this particular day from 12-4. My manager has pencilled me in for 12-6. I told her that I can work my normal hours on this day but cannot work on until 6 because of a family function. She still hasn't changed the rota and I'm worried that she will force me to work the overtime. I offered to do the overtime on another day but she hasn't come back to me on that either. What I'm asking is, can my manager force me to do overtime that I genuinely can't do?

    What does your contract say about overtime? Contracts often contain a clause requiring you to agree to overtime when sufficient notice is given. The fact that you were informed when rota went up probably satisfies the notice element.

    Could you swop with a colleague?


  • Options
    #3
    Mrs OBumble
    Registered Users Posts: 25,969 ✭✭✭✭Mrs OBumble


    What kind of family function? How genuinely can you not do it? How much notice did you give the manager that you would not be available for extra hours that day?


  • Options
    #4
    mulbot
    Registered Users Posts: 1,865 ✭✭✭mulbot


    Of course you can't be forced. They do have to give you 24 hours written notice but most contracts require you to be flexible with regards overtime,. Still though,if you've approached and told you can't on that day but have offered to work that overtime on another day then any decent employer/manager should have no problem with that-


  • Options
    #5
    Calmcookie84
    Registered Users Posts: 163 ✭✭Calmcookie84


    davo10 wrote: »
    What does your contract say about overtime? Contracts often contain a clause requiring you to agree to overtime when sufficient notice is given. The fact that you were informed when rota went up probably satisfies the notice element.

    Could you swop with a colleague?

    I wasn't informed when the rota was put up. I saw it for myself when I came to work. I immediately told my manager that I couldn't do the overtime. I've already asked if somebody else could do the extra hour and a half (30 mins break) I still haven't had an answer from my manager.


  • Options
    #6
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    mulbot wrote: »
    Of course you can't be forced. They do have to give you 24 hours written notice but most contracts require you to be flexible with regards overtime,.

    This is incorrect if the contract the op agreed to outlines the requirement to work overtime when sufficient notice is given. Op posted that s(he) has been given notice to rota. What hasn't been posted is when the day is, tomorrow or beyond.


  • Advertisement
  • Options
    #7
    Calmcookie84
    Registered Users Posts: 163 ✭✭Calmcookie84


    Mrs OBumble wrote: »
    What kind of family function? How genuinely can you not do it? How much notice did you give the manager that you would not be available for extra hours that day?

    I've given my manager 2 and a half weeks notice that I could not to the overtime. My manager has been aware of this family function since the middle of October.


  • Options
    #8
    Calmcookie84
    Registered Users Posts: 163 ✭✭Calmcookie84


    davo10 wrote: »
    This is incorrect if the contract the op agreed to outlines the requirement to work overtime when sufficient notice is given. Op posted that s(he) has been given notice to rota. What hasn't been posted is when the day is, tomorrow or beyond.

    The day is the 2nd of January


  • Options
    #9
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Calmcookie84 wrote: »
    I wasn't informed when the rota was put up. I saw it for myself when I came to work. I immediately told my manager that I couldn't do the overtime. I've already asked if somebody else could do the extra hour and a half (30 mins break) I still haven't had an answer from my manager.

    Putting the rota up is the notice, that is how you become aware of your hours. When is the day?


  • Options
    #10
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Calmcookie84 wrote: »
    The day is the 2nd of January

    That's a lot of notice. What does your contract say about overtime?


  • Options
    #11
    Calmcookie84
    Registered Users Posts: 163 ✭✭Calmcookie84


    davo10 wrote: »
    That's a lot of notice. What does your contract say about overtime?

    I need to dig out my contract. I always do overtime for my manager. I'm always flexible when it comes to work. It's just this time I really can't do the overtime. I feel a bit hard done by since another member off staff told the manager that she couldn't work Christmas Eve because she wanted to be at home. That member of staff was accommodated even though the hours she was supposed to work on Christmas Eve are contracted hours.


  • Advertisement
  • Options
    #12
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    There is no point in asking "can the manager do this" until you read your contract and see if you agreed to work overtime when signing it. Are you the newest employee? Very often time overtime/leave is assigned based on length of service.

    The example you give above in relation to a co worker is annual leave, not overtime if it involves time off, different situation as leave is an entitlement and the employer is required to consider family commitments when granting it.


  • Options
    #13
    mulbot
    Registered Users Posts: 1,865 ✭✭✭mulbot


    davo10 wrote: »
    This is incorrect if the contract the op agreed to outlines the requirement to work overtime when sufficient notice is given. Op posted that s(he) has been given notice to rota. What hasn't been posted is when the day is, tomorrow or beyond.

    Maybe you didn't read my post properly-I did state that most employers will have in the contract about the employee having to be flexible-sufficient notice is at least 24 hours,which is also what i wrote there-


  • Options
    #14
    Diamond Doll
    Closed Accounts Posts: 1,344 ✭✭✭Diamond Doll


    Have you texted her or asked her directly? She may have accepted your text and went on to make alternative arrangements already, this might not be an issue to her at all and she might have assumed you didn't need a response, or she may simply have forgotten to reply to tell you it's fine.

    Best thing is to ask her in person, then you'll get a straight answer.

    You may be worrying over nothing!


  • Options
    #15
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    mulbot wrote: »
    Maybe you didn't read my post properly-I did state that most employers will have in the contract about the employee having to be flexible-sufficient notice is at least 24 hours,which is also what i wrote there-

    I did read it, you were wrong when you posted "of course you can't be forced".


  • Options
    #16
    Calmcookie84
    Registered Users Posts: 163 ✭✭Calmcookie84


    davo10 wrote: »
    There is no point in asking "can the manager do this" until you read your contract and see if you agreed to work overtime when signing it. Are you the newest employee? Very often time overtime/leave is assigned based on length of service.

    The example you give above in relation to a co worker is annual leave, not overtime if it involves time off.



    No one is allowed take annual leave during December and into the first week of January. I work in retail and as you can imagine it's our busiest time. That's why I didn't take annual leave to attend my family function.

    I'll go look at my contract and get back to you. I appreciate your time and comments


  • Options
    #17
    mulbot
    Registered Users Posts: 1,865 ✭✭✭mulbot


    davo10 wrote: »
    I did read it, you were wrong when you posted "of course you can't be forced".

    So you mean someone can actually force you to do work?


  • Options
    #18
    mulbot
    Registered Users Posts: 1,865 ✭✭✭mulbot


    Calmcookie84 wrote: »
    No one is allowed take annual leave during December and into the first week of January. I work in retail and as you can imagine it's our busiest time. That's why I didn't take annual leave to attend my family function.

    I'll go look at my contract and get back to you. I appreciate your time and comments

    I really think you need to just have a talk again with your manager-don't worry for no reason,like i said most employers/managers are understanding


  • Options
    #19
    Calmcookie84
    Registered Users Posts: 163 ✭✭Calmcookie84


    Diamond Doll wrote: »
    Have you texted her or asked her directly? She may have accepted your text and went on to make alternative arrangements already, this might not be an issue to her at all and she might have assumed you didn't need a response, or she may simply have forgotten to reply to tell you it's fine.

    Best thing is to ask her in person, then you'll get a straight answer.

    You may be worrying over nothing!

    You're right, of course! I may be worrying about nothing. I just don't want to miss this occasion over an hour and a half at work.


  • Options
    #20
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    mulbot wrote: »
    So you mean someone can actually force you to do work?

    You can be rostered to work as per your contract. If you refuse, then that's the end if that. If you want to be pedantic, none of us can be forced to come in to work but refusal usually means the end of the job.


  • Options
    #21
    winston82
    Registered Users Posts: 1,051 ✭✭✭winston82


    davo10 wrote: »
    You can be rostered to work as per your contract. If you refuse, then that's the end if that. If you want to be pedantic, none of us can be forced to come in to work but refusal usually means the end of the job.

    It doesn't mean the end of the job. Don't be ridiculous.

    OP, if you don't do the 2 hours then just be conscious that your manager may make it awkward for you in any future time off requests.


  • Advertisement
  • Options
    #22
    mulbot
    Registered Users Posts: 1,865 ✭✭✭mulbot


    davo10 wrote: »
    You can be rostered to work as per your contract. If you refuse, then that's the end if that. If you want to be pedantic, none of us can be forced to come in to work but refusal usually means the end of the job.

    Well obviously yea but they stated(if I'm reading it right) that they gave notice of this event before any roster was done up,and also gave intetion to work that required overtime on another occasion,It would surely not be a clear case of sacking the OP for not being able to do the o/t


  • Options
    #23
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    winston82 wrote: »
    It doesn't mean the end of the job. Don't be ridiculous.
    .

    Ya, it really does. Again provided the contract says that you can be rostered for overtime and baring in mind that op was given two and a half weeks notice, if the op walked out at 4pm then s(he) is absent without leave.

    Op by any chance is this a casual/part time job?


  • Options
    #24
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    mulbot wrote: »
    Well obviously yea but they stated(if I'm reading it right) that they gave notice of this event before any roster was done up,and also gave intetion to work that required overtime on another occasion,It would surely not be a clear case of sacking the OP for not being able to do the o/t

    I'm not sure what difference the op giving notice of the event has on the question "What I'm asking is, can my manager force me to do overtime that I genuinely can't do?". If the op agreed in the contract to work overtime then if the manager cannot make alternative arrangements, the op can still be rostered to work. Whether the op turns up is very much up to the op.

    Look, until the op reads the employment contract we can go round in circles.


  • Options
    #25
    PCX
    Registered Users Posts: 433 ✭✭PCX


    Have you asked other colleagues if they are willing to work the hours for you?

    If you find someone willing yourself you'll be able to go back to your boss and ask something like 'have you come to a decision about the overtime on 2nd January - I know X is willing to work those hours'. That way your are not just reminding your boss of the problem you are also presenting the solution. I'd imagine that you are more likely to get the answer you want that way.


  • Options
    #26
    Blackwell
    Registered Users Posts: 43 ✭Blackwell


    OP has given plenty of notice that they cannot do the overtime. The manager has ample time to make other arrangements. A poor manager will insist the OP do the OT.


  • Options
    #27
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Blackwell wrote: »
    OP has given plenty of notice that they cannot do the overtime. The manager has ample time to make other arrangements. A poor manager will insist the OP do the OT.

    That's not the op's question, the question is "can the manager make me work overtime"? And the answer to that is, assuming you agreed to it in your contract, yes he or she can. Whether the op chooses to work it or tell the manager to take a hike is a different matter. Giving the manager notice of not being able to work means bo diddly as if that were the case, all employees would be telling their managers they are unable to work during the Christmas.

    The op has been given ample notice of his/her roster, if the manager cannot make alternate arrangements then the op will remain rostered to work. If I were the op I'd be trying my damnedest to find a colleague to cover the time but if the op can't, what makes you think the manager can?


  • Options
    #28
    mulbot
    Registered Users Posts: 1,865 ✭✭✭mulbot


    davo10 wrote: »
    That's not the op's question, the question is "can the manager make me work overtime"? And the answer to that is, assuming you agreed to it in your contract, yes he or she can. Whether the op chooses to work it or tell the manager to take a hike is a different matter. Giving the manager notice of not being able to work means bo diddly as if that were the case, all employees would be telling their managers they are unable to work during the Christmas.

    The op has been given ample notice of his/her roster, if the manager cannot make alternate arrangements then the op will remain rostered to work. If I were the op I'd be trying my damnedest to find a colleague to cover the time but if the op can't, what makes you think the manager can?
    Because as you have already stated,the manager can make anyone work the overtime if it's in the contract!! ( as you interpret it anyway)


  • Options
    #29
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    mulbot wrote: »
    Because as you have already stated,the manager can make anyone work the overtime if it's in the contract!! ( as you interpret it anyway)

    And he/she is, the op.


  • Options
    #30
    mulbot
    Registered Users Posts: 1,865 ✭✭✭mulbot


    davo10 wrote: »
    And he/she is, the op.

    Your reply was in ref. to somebody else though,not the OP


  • Advertisement
  • Options
    #31
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    mulbot wrote: »
    Your reply was in ref. to somebody else though,not the OP

    Ok, I'll make this as simple as I can. Op is rostered to work and the manager probably can do this as per op's contract. A previous poster said it is bad management if manager can not arrange for someone else to work but if op has tried and failed to find someone who can cover it then the likelihood is that the manager also was unable to find an alternative. Your point being that the manager should be able to make someone else work it but if no one else can, then it is back to the person who was originally rostered, the op.


Advertisement