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Not being paid for Sunday work

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  • 09-05-2019 7:23pm
    #1
    Registered Users Posts: 5


    Hey Boardies,

    Here's the story:

    Multi national company-

    My team work Monday- Friday but now the roster has been adjusted to Sunday-Thursday to which we agreed. We brought up the point that by law we should be compensated extra for Sunday work as it is stated in citizens advice, this was noted but this week it was stated that we don't actually get a consistent level of compensation for this, instead it will factor into our quarterly bonus for us being so " accommodating to moving the shift ".

    HR is based in the USA ( West Coast ). Obviously we haven't seen the pay slip yet as we just started the roster this week. Where do we stand here, do we wait and see how our quarterly payslips look like before pursuing this further? Is this breaking the law?

    Apologies for the formatting, i'm on the go.

    Regards,
    C


Comments

  • Registered Users Posts: 5 LetMeLoose


    Title should really be " Not being paid extra for Sunday Work "


  • Registered Users Posts: 3,000 ✭✭✭skallywag


    I am guessing that you are salaried rather than paid by the hour.

    I have seen situations in the past where employees have been compensated in such a way for 'unusual circumstances' let's say. The question here for me though would be how trustworthy the company generally is, and do they tend to follow through on commitments such as this? I would certainly see nothing wrong with getting in touch with HR though and asking directly as to how much extra you will be compensated. You have been quite accommodating in agreeing to move your schedule, so I would expect them to now be just as accommodating with providing information. By the way I would strongly recommend giving them a call rather than emailing, they may be on the West Coast US but you should still be able to arrange a call somehow.

    By the way, concerning the adjustment to the roster, was everyone in the team really completely fine with going along with that? Many I know would not be ...


  • Registered Users Posts: 3,078 ✭✭✭salonfire


    LetMeLoose wrote: »
    Hey Boardies,

    Here's the story:

    Multi national company-

    My team work Monday- Friday but now the roster has been adjusted to Sunday-Thursday to which we agreed. We brought up the point that by law we should be compensated extra for Sunday work as it is stated in citizens advice, this was noted but this week it was stated that we don't actually get a consistent level of compensation for this, instead it will factor into our quarterly bonus for us being so " accommodating to moving the shift ".

    HR is based in the USA ( West Coast ). Obviously we haven't seen the pay slip yet as we just started the roster this week. Where do we stand here, do we wait and see how our quarterly payslips look like before pursuing this further? Is this breaking the law?

    Apologies for the formatting, i'm on the go.

    Regards,
    C

    That's fine as long as the company is making profits to pay out bonuses. If profits fall, the bonus is will fall as well.


  • Registered Users Posts: 571 ✭✭✭gibgodsman


    Do you get extra pay for working on a Sunday while on a Salary? Also its not like its an extra work day, its your scheduled work days


  • Registered Users Posts: 7,498 ✭✭✭BrokenArrows


    https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/working_week.html
    Sunday working
    If you work on Sundays, 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
    What is reasonable depends on all the circumstances. It should be negotiated between you and your employer and, where applicable, your trade union. You may be able to obtain some guidance by referring to an agreement applying to comparable employees elsewhere in similar employment.

    Its up to you to come to an agreement with your employer that you are happy with. This should have been negotiated as part of the change of roster.

    I would not be happy with "it will factor into our quarterly bonus". Thats so vague and they might just throw you €50 for working sundays. It should be a clear and quantifiable reward for working Sunday. ie. 1/2 day off, 50% extra pay, 100 extra pay.

    Negotiate it depending on how important working weekends are to you.


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  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    Do you like your job?

    Do they pay you well?

    Do they treat you well?

    Would you like to have a future there?

    Are you a single guy, or at least, no kids?

    If the answer is 'Yes' to all of the above, I'd be inclined to let someone else do the negotiating, and I'd go with the flow.


  • Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    LetMeLoose wrote: »
    to which we agreed.


    all irrelevant bits discarded.


    You/your team agreed to this.


    Life lesson, never ever bank of empty promises of future reward. Its like being asked to work for free and paid in exposure.

    Another life lesson. Once its gone, its gone. Everyone moves on and you never get it back.


  • Registered Users Posts: 1,623 ✭✭✭rock22


    all irrelevant bits discarded.


    You/your team agreed to this.


    Life lesson, never ever bank of empty promises of future reward. Its like being asked to work for free and paid in exposure.

    Another life lesson. Once its gone, its gone. Everyone moves on and you never get it back.

    Even if they agreed to a change in rosters, the company must still pay extra for Sunday work.


  • Registered Users Posts: 11,812 ✭✭✭✭sbsquarepants


    rock22 wrote: »
    Even if they agreed to a change in rosters, the company must still pay extra for Sunday work.

    True - but how much extra is very much up in the air.

    Wabbit ears is correct - you shouldn't have agreed until you knew exactly what you were agreeing to!

    Below is from Citizens Information. They must give you "reasonable" remuneration for working Sundays. Their idea of what's reasonable and your idea of what's reasonable could be wildly different. It will likely prove extremely difficult now to row back on your "agreement" if it turns out you actually aren't in agreement after all!


    Sunday working

    If you work on Sundays, 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
    What is reasonable depends on all the circumstances. It should be negotiated between you and your employer and, where applicable, your trade union. You may be able to obtain some guidance by referring to an agreement applying to comparable employees elsewhere in similar employment.


  • Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    rock22 wrote:
    Even if they agreed to a change in rosters, the company must still pay extra for Sunday work.


    According to the info posted above it was up to the team to negotiate that. Seems they agreed to do it for nothing extra and are regretting it after the fact.


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  • Registered Users Posts: 5,866 ✭✭✭daheff


    why does the company want you to work Sundays in the first place? Seems a bit strange?


  • Registered Users Posts: 1,707 ✭✭✭dennyk


    daheff wrote: »
    why does the company want you to work Sundays in the first place? Seems a bit strange?

    Many companies, especially multi-nationals, operate 24x7 these days, and even those that usually observe more traditional hours often have operational work that has to take place outside those hours to avoid disruption of the business, and that work requires the presence of some employees. Weekend work isn't all that uncommon, especially for a US-based company who is likely used to being able to demand 24x7 availability from all its employees without restriction.


  • Registered Users Posts: 2,674 ✭✭✭Skatedude


    Sunday is just a normal workday, been part of normal shift patterns for 30+ years and never entitled to anything extra regarding pay or benefits in any of the companies i've worked for. The only option would have been when you were discussing the roster change,


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