Non EU Workers V EU workers

Black Bart

Hi Guys.

Just a quick question, I work fulltime in the private sector and recently my employer has reduced my hours albeit by 5 hours a week (without my consent), I have heard that one of my colleagues (who is a non-EU member) has been given these 5 hours as extra hours.

My question is, is it legal for an employer to give a non EU citizen more hours that a EU citizen?? Many thanks in advance.

OMM 0000

Do you do the exact same job?

Do you have the exact same skills and experience?

whomitconcerns

Your both legally working for this employer?

If yes then it's not an issue and none of your business. Don't imagine trump type excuses for why the world doesn't do everything in your favour. Go and ask your boss why your hours were cut.

If your saying the other person is an illegal worker than that's a different thing.

charlietheminxx

This could be a temporary measure.

Some non-EU student based visas allow for 20 hours of work per week for 9 months of the year and then 40 hours per week for 3 months.

However, whatever your coworkers situation is, that’s not really your concern. You need to go to your employer and ask why your hours were cut without notice. Even on minimum wage, that’s about 200 Euro a month down and not many can afford to take such an unexpected hit.

s7ryf3925pivug

They might be paying the non-EU worker significantly less.

dennyk

The only EU vs non-EU restrictions are surrounding work permits for non-EU workers; companies will usually have to have more than 50% EU workers in order for a position at that company to be eligible for a work permit (among other restrictions and requirements, of course). There's no rule that requires companies to give individual EU employees any particular number of hours compared to non-EU employees, provided they aren't violating some other law in the process (e.g. illegal discrimination based on a protected category, violation of the working hour rules in the Organisation of Working Time Act 1997, etc.).

That said, if your contract specifies a certain number of hours, your employer can't change that term unilaterally; you would have to agree to the new terms. If you're on a zero-hour contract, though, there's nothing preventing it, unfortunately.

randomrb

Marlee Bald Tracer wrote: »

They might be paying the non-EU worker significantly less.

is that relative to the question from OP

R.D. aka MR.D

Black Bart wrote: »

My question is, is it legal for an employer to give a non EU citizen more hours that a EU citizen?? Many thanks in advance.

How many hours an non-EU passport holder can work depends on their visa type. If they have a stamp 4 for example, they can work without restriction.

I'd also wonder how you would know if this non-EU person is not also a dual Irish citizen.

s7ryf3925pivug

randomrb wrote: »

is that relative to the question from OP

'Relevant.'

dennyk

R.D. aka MR.D wrote: »

How many hours an non-EU passport holder can work depends on their visa type. If they have a stamp 4 for example, they can work without restriction.

Stamp 4 allows the holder to work for any employer in any job (or pursue self-employment, start a business, etc.) without having to apply for a work permit. The only permission I'm aware of that places a limit on hours worked is a study permission (Stamp 2 or 1G). There's no restriction on how many hours anyone on any standard type of work permit (Stamp 1) can work (aside from the same working time laws that apply to any Irish employee).

GerardKeating

randomrb wrote: »

is that Relevant to the question from OP

Not directly, but the employer might be "transfering" hours to an employee on a lower wage, but unless the different is quite large, the savings for five hours at a lower rate cannot be that big.