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14-15 hour work days 5 days a week no breaks. Company not factoring in travel time

  • 30-07-2023 12:24pm
    #1
    Registered Users Posts: 63 ✭✭moany fuc


    So as the title says. Im a traveling sales rep and just burnt out and tired. I spend my weekends sleeping as too tired to do anything else.


    Basically I can be scheduled to travel anywhere on a given day. I live in Dublin and could be scheduled to drive to Cork to meet clients.... I would drive from business to business while in Cork with 8 hours scheduled and then have to drive back to Dublin. When I questioned this I was told traveling to and from place of work doesnt count as work hours. So I could be scheduled everyday with 8 hours work time and 6 hours traveling. Cant remember last time I took a break.


    I read about Tyco case but this only appears to be for Public sector workers and not Private. I really need advice before I have an accident with these long days and weeks.


    Thanks

    .



Comments

  • Registered Users, Registered Users 2 Posts: 26,034 ✭✭✭✭Mrs OBumble


    Apply for jobs elsewhere.

    (The company is wrong - but why stick around with people who treat you like that. )



  • Posts: 0 ✭✭ Amos Shallow Farm


    Can't most of these sales pitches just be done over Zoom or something?



  • Registered Users, Registered Users 2 Posts: 11,093 ✭✭✭✭Jim_Hodge


    The company is wrong.

    "the Labour Court held that where a worker’s travelling time is wholly, exclusively and necessarily undertaken in the performance of a contractual obligation of their employment, and where the commencement and finishing points are, together with the time allocated for travelling, determined by the employer, the travelling time must be regarded as “working time”."

    Sounds like it would be a waste of time arguing the point with them though. There are plenty of jobs about so start looking for a better one.



  • Registered Users, Registered Users 2 Posts: 4,508 ✭✭✭FishOnABike


    Show the company the Labour Court ruling mentioned above and request payment for past and future travel hours and for travel time to be factored into your schedule in future.

    The company is also likely to be in breach of working hours legislation if they are ignoring your travel time and you are working an average 15 hours a day including travel.

    If your current employer won't be reasonable find another job and then take your current employer to the labour court / WRC for back pay (at overtime rates) for all the extra hours (inclding travel) you have worked.



  • Registered Users, Registered Users 2 Posts: 11,736 ✭✭✭✭the_amazing_raisin


    Does your employer provide any form of compensation for your travel time, for example a company car, mileage or fuel card for using or own card or paying for meals?

    I think if they're doing that then they can claim you've been adequately compensated for the long commute to and from work sites

    I'm not sure how this feeds into your working hours however, I certainly can't see how an employer can expect someone to do a full 8 hours of work after 3 hours of driving

    As others have said, in the current labour market it might be better to cut and run

    "The internet never fails to misremember" - Sebastian Ruiz, aka Frost



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  • Registered Users Posts: 326 ✭✭RurtBeynolds


    Why are you doing this? There's practically zero unemployment right now. Get another job!!



  • Registered Users, Registered Users 2 Posts: 22,480 ✭✭✭✭Akrasia


    3 violations of employment laws here.

    Mininum breaks. If you work 4 hours, you're entitled to 15 minutes break during your working day. After 6 hours you're entitled to a half hour break (unpaid)

    Maximum working week. You're not allowed to work more than 48 hours per week averaged over 16 weeks

    Minimum rest periods. You are required to have 11 hours rest from the finish of your working day until the start of your next working day.

    If you work 15 hours every day, you can't have a 11 hour rest period

    As a travelling sales rep, your time spent on the road going to your appointments is absolutely part of your working day

    Your employment contract should have a 'place of work' stated in there. Time spent getting there is not part of your working day, but travel for work beyond that should be considered working hours.



  • Registered Users, Registered Users 2 Posts: 4,375 ✭✭✭whomitconcerns


    Yeh, your travel time counts as work, the travel doesn't count when it's getting to and from your normal place of work. Your normal place of work, from what you said, is your car.

    It definitely counts



  • Registered Users, Registered Users 2 Posts: 2,268 ✭✭✭fatherted1969


    We're in an employee market these days, plenty of opportunities elsewhere. Why bother wasting your time with these people, go and get a better job



  • Registered Users Posts: 508 ✭✭✭chrisd2019


    Others have commented very well on the legalities, however, why are you doing this type of job, are you new to sales and looking for experience perhaps?

    Also there is a Health & Safety element to this, your employer should have a driving for work policy & associated risk assessment. From what you write you appear to be at significant risk of having an accident due to tiredness.



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  • Registered Users, Registered Users 2 Posts: 29,257 ✭✭✭✭AndrewJRenko


    Tyco is a private sector company.

    How long have you been with this company? Are you on probation?

    First step is to talk to your line manager, telling them that this workload is illegal, unacceptable and dangerous.



  • Registered Users, Registered Users 2 Posts: 1,504 ✭✭✭brokenbad


    Wouldn't agree with the "practically zero unemployment" bit - there's still an awful lot of spongers out there on the dole....especially the long term unemployed who have no intention of ever working for fear of losing all their benefits.



  • Registered Users, Registered Users 2 Posts: 11,093 ✭✭✭✭Jim_Hodge


    Think what you like. For those wanting to work , like the OP, there are plenty of opportunities. And our current unemployment rate is considered by most countries as full employment.



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