Employer staggering pay to avoid overtime

LegacyUser

Hi,

Anon due to sensitivity and visibiity etc, thank you.

I work in manufacturing and currently work a shift pattern every two weeks on 12 hour shifts. Mid sized global business,150+ employees, no union or representation.

Week 1, I work 3 days - 36 flat hours (paid 36 flat hours)
Week 2, I work 4 days - 48 hours (paid 39 flat and 9 o/t hours) Week 2 includes working Saturday and Sunday.

My employer is in receipt of the Covid subsidy from Revenue but due to reduction in current demand they want to cut hours too.

However they are proposing a 3 week cycle per below

Week 1 - work 3 days - 36 hours (pay for 39 flat hours)
week 2 - work 4 days - 48 hours (pay for 39 flat hours)
Week 3 - work 3 days - 36 hours (pay for 39 flat hours)

Week 2 still includes working both Saturday and Sunday. But they are staggering the pay over the 3 weeks to avoid our overtime rate. We dont get a Sunday premium as it is but we do get a weekly shift allowance.

My colleagues and I are arguing that we should be paid for what we work in the week we work it as normal. 36 hours for weeks 1 and 3; and 39 hours plus 9 hours o/t for the 48 hours in week 2. We are paid weekly if that matters.

Obviously we accept that these are unprecedented times, however, while orders are down, in our industry this is a temporary matter and it is expected that our business will be restored more or less once European and world markets re-open. We believe that it will be impossible to get them to re-instate the existing overtime payments if they are able to push through this staggered pay at flat rate.

Obviously, due to the loss of the ovetime, our net pay is impacted much more than the actual reduction in the hours we are expected to work.

Can anyone give any insight as to the practice/legality of staggering pay over a 3 week period for this purpose.

Thank you in advance