Working 6 days in a row

madnessnmayhem · 22-09-2019 9:18am #1

Is this legal? Working 6 days in a hotel 2nd week in a row 1 day off then working 9 days before a 1 day off

dennyk · 22-09-2019 10:08am

6 days in a row is generally legal. 9 days in a row followed by only one day off may not be, though, unless you get a second day off later in that following week. You must have one 24-hour period of rest in any week; if you don't get that day off in a week, then you must be given two 24-hour rest periods the following week. (One of those days off is also supposed to be on a Sunday, but your contract can allow for Sunday work...)

It also depends on your hours worked per day and how long this schedule goes on; per the Organisation of Working Time Act 1997 you can't average more than 48 hours of work per week over a four month period. 6 8-hour days per week would be legal no matter how long it goes on, but if you're working more than 8 hours a day, you'll eventually exceed the allowed average.

rn · 22-09-2019 10:48am

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/rest_periods_and_breaks.html

TimeToShine · 22-09-2019 1:30pm

Are you getting paid OT?

rn · 22-09-2019 5:50pm

TimeToShine wrote: »

Are you getting paid OT?

As regards working time act, it doesn't matter if over time is paid or not.

TimeToShine · 22-09-2019 8:17pm

rn wrote: »

As regards working time act, it doesn't matter if over time is paid or not.

Agreed, but just curious as it may be a situation where the extra working hours are coveted after and will be snapped up by someone else. If he starts complaining about it now he'll be stuck on regular time indefinitely which will eat into his salary.

hedzball · 24-09-2019 11:26am

I hope its illegal. Been doing it for 15 years

FaganJr · 27-09-2019 4:06pm

11 days straight and 3 days of that in the middle ( weekends ) with 24 on call.

And its legal apparently!

rn · 27-09-2019 8:24pm

On call is not working time. However if you were called and in work then its (obviously) working time. And required break and rest periods must factored or absorbed into business.

FaganJr · 27-09-2019 9:41pm

rn wrote:

On call is not working time. However if you were called and in work then its (obviously) working time. And required break and rest periods must factored or absorbed into business.

It's called on call but your basically doing the same at home as you did at work until the People decide to stop ringing and go to bed. If they decide to ring you at 3am, again you must carry on. Then back to work in the morning and so it continues......

Strumms · 28-09-2019 8:37pm

rn wrote: »

On call is not working time. However if you were called and in work then its (obviously) working time. And required break and rest periods must factored or absorbed into business.

To me it should be working time..

- you are being paid
- your movement and choices are restricted by your employer as part of the deal
- you cannot freely decide to for example.. drive to Cork, have three pints etc

FaganJr · 28-09-2019 10:21pm

Strumms wrote:

To me it should be working time..

Strumms wrote:

- you are being paid - your movement and choices are restricted by your employer as part of the deal - you cannot freely decide to for example.. drive to Cork, have three pints etc

This is true, but it checks out legally, apparently

Strumms · 28-09-2019 10:43pm

FaganJr wrote: »

This is true, but it checks out legally, apparently

Ok, didn’t know that. I’ve not done much ‘on call’ work but the bit I did I was paid.

I wouldn’t be agreeing to do any on call work unless the standby time was paid either monetarily or by say time and a half in lieu...if I’m sitting around for 8 hours waiting on a phone call, restriction on my movements and lifestyle then I expect to be paid for 8 hours time and a half or 12 hours added to my holiday entitlement.

DO NOT be hanging around waiting for the phone to ring without getting compensated for this time.

rn · 29-09-2019 1:37pm

FaganJr wrote: »

rn wrote:

On call is not working time. However if you were called and in work then its (obviously) working time. And required break and rest periods must factored or absorbed into business.

It's called on call but your basically doing the same at home as you did at work until the People decide to stop ringing and go to bed. If they decide to ring you at 3am, again you must carry on. Then back to work in the morning and so it continues......

That's not "on call". That sounds more like actual work (normal duties), only at home. Effectively work from home. Which means your employer has duty of care for your home office, work area etc.

On call is for emergency cover only. While the employer may certain restrictions/expectations on response times, you, it's not work time and your not doing work duties unless called. But it should be "exceptional".

madnessnmayhem · 12-10-2019 7:38am

Now working 10 days with just one day off this is definitely illegal? What should I do?

FutureTeashock · 12-10-2019 7:37pm

madnessnmayhem wrote: »

Now working 10 days with just one day off this is definitely illegal? What should I do?

Take a case to the WRC immediately.

Dj Stiggie · 12-10-2019 7:45pm

Have you tried talking to your boss about it? No point in doing anything else until you do. If they're difficult about it, write down exactly what they said after the meeting.

It could just be a simple oversight, they're copying and pasting the schedule from one week to the next, or any other number of reasons. I've worked with a few martyrs who fall on the sword and brag about working two weeks in a row without a day off like it's a badge of honour. Nobody cares, and any decent boss doesn't want their employees getting burnt out.

Strumms · 12-10-2019 8:14pm

Dj Stiggie wrote: »

Have you tried talking to your boss about it? No point in doing anything else until you do. If they're difficult about it, write down exactly what they said after the meeting.

It could just be a simple oversight, they're copying and pasting the schedule from one week to the next, or any other number of reasons. I've worked with a few martyrs who fall on the sword and brag about working two weeks in a row without a day off like it's a badge of honour. Nobody cares, and any decent boss doesn't want their employees getting burnt out.

Exactly, I’d one lad the same with ‘superhero syndrome’ working any and all shifts.

I have to say copy and pasting a schedule is just more than a simple oversight it’s pure laziness on behalf of management that it could be done that way, something like that should be reviewed on the previous week by management and people who are off on holiday or sick taken into account as well as rota of tasks changed so everyone has a fair crack. And published in advance on Friday for all to see for the following week...

On one occession I was due to start a shift at midday, I had the day off and was about to fly off to Copenhagen and the phone rings with scorpy boss at the other end ... “ehhh where are you ? We are swamped here..” me : “well me too, on my third pint, check the holiday book”..

Dj Stiggie · 13-10-2019 3:52am

Strumms wrote: »

Exactly, I’d one lad the same with ‘superhero syndrome’ working any and all shifts.

I have to say copy and pasting a schedule is just more than a simple oversight it’s pure laziness on behalf of management that it could be done that way, something like that should be reviewed on the previous week by management and people who are off on holiday or sick taken into account as well as rota of tasks changed so everyone has a fair crack. And published in advance on Friday for all to see for the following week...

On one occession I was due to start a shift at midday, I had the day off and was about to fly off to Copenhagen and the phone rings with scorpy boss at the other end ... “ehhh where are you ? We are swamped here..” me : “well me too, on my third pint, check the holiday book”..

Sorry, I meant it could be that or other factors. I used to work in a place (in Copenhagen funnily enough) where the full timers just had our rota copy and pasted every two weeks and then the part timers bid on shifts to fill out the rota. But I sat down with the GM and we worked out my rota together the first week, so different situation.

therecklessone · 20-10-2019 11:35pm

Legally you can be asked to work 18 days in a row without a break, as long as it is preceded by a day off and followed by two days off.

I posted this four years ago:

You are legally entitled to one day off per week, but your day off can be deferred provided a second day off is provided in the following week.

Therefore a shift pattern of the following is possible:

1 off/6 on
7 on
5 on/2 off

c.p.w.g.w · 21-10-2019 1:59pm

Literally had a run of
9 days working (9-10 hour days)
2 days off
9 days working (9-10 hour days)
4 days off
9 days working (10 hour days)
2 days off
7 days working (9 hour days)

Apparently it was all legal and above board... apparently

And I'm not including the unpaid hours I had to do in that run...it effectively led to me quitting early last week, just had enough of it.

See plenty of lads packing boxes in pharmaceutical labs making better money than I was atop of benefits (health insurance & pension), the shifts may not be ideal but at least there seems to be fair remuneration package

Working 6 days in a row

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