What is reasonable depends on all the circumstances. It must be negotiated between you and your employer and, if necessary, your union. You may be able to get advice by referring to an agreement that applies to comparable employees elsewhere in a similar job. Despite the daily use of overtime, you can still question the basics. To make your life easier, we`ve put together this easy-to-understand guide. You do not have to work overtime if your contract indicates that you could be offered it. Your employer should not make you accept a pay cut or treat you unfairly if you choose not to. There is no legal obligation for employers to pay overtime. Some employers choose to pay employees higher rates of pay for overtime, but this is not always the case.
If the employment requires the employee to work overtime, the employer must indicate this in the contract and add the remuneration when it offers it. Your employer may need to change your working conditions or work habits due to commercial or economic factors. However, your employment contract can only be changed if you and your employer agree to it. If your employer continues to let you work excessively long hours, you may be able to resign and apply to an labour court for constructive dismissal. They should argue that they could be violating the implied trust agreement. It states that an employee cannot work more than 48 hours per week on average over a four-month period. In other words, overtime laws for employees stipulate that they can work more than 48 hours per week, but not more than 48 per week on average over four months. Overtime is usually not taken into account when training for paid maternity, paternity or adoption leave. However, it will be taken into account if overtime is guaranteed and you have to work overtime under your employment contract. Even if your contract doesn`t mention overtime, your employer can still ask you to work overtime. First, check your employment contract for more details on how overtime is calculated and what the rates of pay should be. If you don`t have a written contract, you may find the article on employment contracts useful.
Legally, your employer cannot make you work more than 48 hours per week, including overtime. If they want you to work more than that, your employer will have to ask you to reject the 48-hour limit. Learn more about maximum weekly working hours. Unless otherwise provided for in their employment contract, employers generally pay overtime to part-time workers only when they are working: posted workers do not include persons who decide on their own initiative to seek employment in another Member State, seafarers in the merchant navy or self-employed persons. You don`t have to work overtime if you could prove that you would earn less than the national minimum wage through overtime. Overtime must be “regular and planned”, be an integral part of work practices and be an integral part of an employee`s work week. If overtime meets these criteria, take them into account in the calculation. There is no legal right to pay for overtime and there are no legal minimum rates for overtime pay, although your average wage rate may not fall below the national minimum wage. For many employees, working hours are defined in their employment contract or in an employment code or registered mail. Overtime is work performed outside normal working hours.
Employers are not required by law to pay employees for overtime work. However, many employers pay employees higher rates of pay for overtime. Your employment contract must state what your normal working hours and days are, which may include or exclude Sunday work. Whether this counts as overtime depends on your employment contract. An employer should take into account guaranteed and non-guaranteed overtime in the calculation of public holiday pay. If voluntary overtime is a “normal allowance”, an employer may also have to take this into account when calculating vacation pay. For example, your employer may offer overtime if the workload suddenly increases and they do not have enough staff to meet the demand due to illness. Your employment contract must include details about overtime rates of pay and how they are written. If you refuse overtime and have been employed for less than 2 years, your employer may threaten to fire you. If you work on a low-hour contract and are constantly working more hours per week than your contract provides, you can ask your employer to change the terms of the contract. You have the right to be divided into a group of hours that better reflects the number of hours you have worked over a 12-month period.
Your employer may discipline or fire you if you don`t work the overtime you accepted. Find out what you can do if your employer takes disciplinary action. Overtime increases the time an employee can take, but not the vacation nest egg for that free time. On 14 May 2019, the Court of Justice of the European Union (CJEU) enacted a law obliging employers in each EU member state to set up an objective, reliable and accessible system to record employees` working time. The implementation of these systems and the form they take shall be the responsibility of the Member States. The goal is to monitor the number of employees who work overtime and their health status, and to ensure that they are paid accordingly without exceeding the maximum number of hours worked. Every employer knows it`s great to have employees who are willing to work overtime. However, overtime in Ireland has its rules – and you need to know them. If you have “guaranteed mandatory overtime” in your contract, it means that your employer must offer you overtime, and you must accept it and work. In terms of workers` rights, it is protected by the Organisation of Working Time Act 1997, Ireland`s standard overtime law. Your employer cannot prevent you from terminating your withdrawal contract, even if it is included in your employment contract. The statement must indicate the number of hours you must work, including overtime.
If you think you need to work too much voluntary overtime and want to cut it, talk to your employer informally. You may be able to find another way to manage the work. There are few companies in Ireland that do not work overtime. As the workload increases, ask your employees to meet the demand. When they are on board, everyone can go home happy. If you do not have a written contract, ask your employer for a written explanation of your working conditions. For more advice on expert overtime, our consultants are always ready to call you day and night on 0818 923 923. Your contract may indicate how much overtime you need to work in a month. The maximum average weekly working time (including overtime) over a period of 4 months must not exceed 48 hours. The employer must inform the employee at least 24 hours in advance of the hours at which he or she must start and finish the work each day or the days on which overtime must work. The relevant provisions on overtime rates have not been laid down in Irish legislation.
The normal weekly working time and the maximum number of overtime hours are not clearly defined in Irish law and are set by collective agreements. The limit of 48 hours is calculated on average over a reference period not exceeding 4 months. The reference period can be used for certain specific activities (e.g. surveillance, hospitals, electricity/gas, airports/docks, companies related to the tourism industry) are extended to 6 months and 12 months if there is an agreement between the employer and the employee and such an agreement has been approved by the labour court. Overtime pay is not clearly defined in the law. Exclude overtime when calculating the employee`s last business day. For even more digestible information on this topic, check out our Overtime Tips Guide. Instead of paying for overtime, some employers offer “on-site free time.” This is agreed between you and your employer and whenever you take off, it will usually be done at a time that suits the employer. This includes overtime, so make sure your employees don`t exceed their maximum weekly working hours. Not all companies follow the four-month rule. For example, an average of the hours worked over six months applies to: For example, if several co-workers are also working unwanted overtime, you might suggest that your employer hire another person to cover overtime.
It can be cheaper to hire a new person than to pay several additional employees. Your employment contract should state whether you need to work overtime, and you should set the rates of pay if you need to be paid for it. Some employment sectors are covered by the regulations of the Labour Ordinance and registered employment contracts and may have higher rates for overtime than for normal working hours. Unless your contract guarantees you overtime, your employer may prevent you from working. But your employer shouldn`t discriminate against you or harass you by letting others work overtime while denying you the opportunity. As a general rule, overtime is not considered when calculating an employee`s “normal weekly earnings” for vacation pay purposes. The Employment Provisions (Miscellaneous) Act 2018 introduces a new right for workers whose employment contract or declaration of working conditions does not reflect the reality of the hours they usually work.
