Company changing working shift patterns.

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gebbel

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I have recently been approached by some Polish and Slovak nationals who are employed in the food industry. They are concerned about an impending change in their working hours, which will require that they work 3 12 hour shifts per week, as opposed to the current 5 day working week. At the moment they can earn a certain amount of overtime, but this will not happen under the new system. In fact, they could conceivably work only 36 hours, which would leave them 3 hours per week down. Some others will be affected by the new times in terms of collecting their kids from school etc.
They have asked me can their company legally do this? The majority of the workers are from these countries, and would be too afraid to stand up and complain for fear of losing their jobs. Trade union representation is, I believe, non existent, or at best flimsy.
By the way none of the above was discussed or agreed upon in any way. The workers are, in the main, very opposed to it.
I feel I have a duty to try and help them, but am unsure where to start.
Any advice much appreciated.
 
The DETE Employment Rights Section are a good source of information on statutory rights in such circumstances. I have found them helpful in the past when inquiring about redundancy entitlements. It might be worth checking their contracts of employment too but remember that these contracts cannot undermine statutory rights.
 
I currently work 3x12hr. I don't have any intricate knowledge of labour law but I would be very surprised if theres much they can do in this scenario. I know in my own case, the company can give just a few days notice in swapping someone from one shift to another.
I can see how its a problem as they've geared their lives around their current hours. They have no choice (well, one choice ie. leave!) other than to go through the pain of rearranging circumstances to match as best they can.

In the long run, they may well find it works out better for them. Whilst 12 hr. shifts are hellish, having 3 'working' days free during the week plus sunday - thats got a lot going for it. I can safely say it would be hard to get back to a regular 5x8/9 week.
I think they may have to pay them 39 hrs despite working 36? (ours do).
As regards overtime, depends on how well run/tightly run the company in question is - the theory might be no overtime requirement but practice could be the opposite. Aside from that, they're free to do work on the side 3 days a week.

So, maybe its not all bad....
 
Their nationality is immaterial, and as poles are EU Citizens have equal rights to Irish Citizens in this country.

If they have no specific T+Cs detailing a common working week, I think they have nowhere to go on change of hours.Overtime is not an implcit right in most contracts anyway.

If they feel they cannot negotiate with their management on this issue, I think they are stuck.
 
After they work 8 hours they should be on overtime so that's 14 pay hours a day, 42 pay hours a week...?
 
John Rambo said:
I think the issue is more that the OP feels as foreigners they are more vulnerable.
Click to expand...

Correct. Their lack of fluent English and general unease at challenging management on these issues causes me concern. The fact that they have come to me means that there is nobody on the inside who can help them. This can only lead to exploitation and unfair treatment in my opinion.
 
Has the employer at any stage mentioned increasing their hourly rate?. I know one employer who when they did this, they increeased the hourly rate so staff were not disadvantaged and still had the same salary
A lot will depend on what their contract of employment states, I presume they have one otherwise their employer is breaking the law
As for overtime, an employer could ban overtime tomorrow and there is little or nothing an employee can do, it is not a legal right to have it or an obligation to work it
 
John, Gebbel,


I appreciate the point you made, and agree with the sentiment. You should mention to them to speak to a industrial relations lawyer, if any are in Polish / Slovak community in Ireland to clarify their position.
 
As far as I'm aware they are entitiled to a least 6 weeks notice of any shift change. The upside to a 3 day working week is saving on fuel and time wasted on travel ,in theory more family time ,that's got to be good. Also, as was said previously they can get a second job if needs be.
 
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