discussion of other staff salaries

Hi all,

I hope this is the correct forum, its an odd one but I hope someone can advise me.

I was hired by my company on a set salary over two years ago. 1 year later I was asked to split my time between two locations/positions and I earned commission in one of them. It was due to staff shortages in one location. In May this year I was removed from my original position due to cutbacks and positioned in the new location/role fulltime. Given that I was receiving commission when I was part-time I should now still be receiving commission.

May 19th I was told that my as my salary was higher than those I now worked with, I was to choose - a lower salary or no commission. I was told I would have to come down to my work Colleague's (named X) salary. Mr. X's salary was NOT disclosed to me but it was made clear it was significantly lower than my own. I was put on the spot to agree then and there and was not given any time to consider the options. As we are hoping to buy a house in the next year or so I chose to keep my salary and forego commission. This was all agreed by phone, nothing in writing.

7 weeks later I feel furious. 3 staff members have been let go in this location, and the workload is far more than my role specified. While 2 out of 3 staff members remaining are willing to do the additional work, 1 in particular is refusing, therefore we all have her work to do. Generally with the schedule her work falls to be done on my days - more work on me. I have spoken with the appropriate person about her refusal to pull her weight and he said he would address it. Nothing has been done.

My sales targets are far and above all of my colleagues - I am usually at 85% and above, they are at 60% or thereabouts. I am assuming they do not want to give me commission as I sell quite a lot.

I emailed the appropriate person and outlined why I wanted my commission restored. Today, I received a response;

Hi _________

As stated before you can earn commission if your basic wage is changed to be in line with others. If you are happy for that to happen then let me know. Mr. X has a significantly lower basic wage and does the same work as you.

Regards,


Is it appropriate for them to disclose to me my colleagues salary? Do I have any standing in relation to commission? I would like to know what my rights are before I respond. The role is within many companies and ALL receive commission.

Someone please advise me! I should also note we have never been given contracts by this company despite requesting them during reviews.

Doesnt really matter what the others are on, your employer will obviously try and benchmark you against the rest of the team however its up your own negotiation skills to get you a better deal.

contemporary said:

Doesnt really matter what the others are on, your employer will obviously try and benchmark you against the rest of the team however its up your own negotiation skills to get you a better deal.

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What would you recommend? I have already highlighted all the additional work I am doing to them. I have also highlighted that I am the only staff member accross the board who does not receive commission.

Your employer cannot just change your conditions without your agreement. Contact www.employmentrights.ie for more details.

Tell your employer that unless your original terms and conditions are honoured, not only will you get NERA involved but you will also show your work colleagues the letter which states that they are on a "significantly lower basic wage" to you.

I would definitely ring NERA and get some advice.

DB74 said:

Tell your employer that unless your original terms and conditions are honoured, not only will you get NERA involved but you will also show your work colleagues the letter which states that they are on a "significantly lower basic wage" to you.

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While I appreciate the advice, I think this may come accross as quite hostile and threatening. I like my boss, we get on well and I dont want that to change. They do however have a reputation for not being "legal" with dismissals, etc. and I would not like to be next in line!!

I will be speaking with Nera, thank you all for confirming their behaviour is wrong and thanks for the advice as always

Do you know what the proposed lower salary actually is? I would tell your boss that you cannot consider moving to an undisclosed salary - you need all the facts before you can make that decision

I hate the way everyone thinks an employer cant change your terms and conditions legally, they just need to negotiate the change properly. All over the country employers have been cutting pay and making operational changes that effect terms and conditions, its in the paper and on the news every day. What do people think the corke park deal was about.

I dont see anything wrong in this situation, your employer asked you to accept changes to your work t&c, they gave you 2 options, you chose 1, now you dont like your choice, you tell them and they say ok heres your choice again.

Sounds fair to me. All the rest about previous job, bad co worker, telling someones wage details is all just fluff and nonsense.

Nera will investigate your employer if you make a complaint, they will check that pay rates are in accordance with min wage, prsi is being paid, holidays are being calculated properly and paid, bank hols are being paid properly, employees are legal, breaks are being given etc, they definately wont mediate in a dispute over wages and commission unless they are illegal.

It sounds like you are the problem employee here, instead of supporting your co worker who is making a stand about the very things you are bitching about you are trying to shaft them by highlighting the extra work you are doing due to this stand.

I dont mean to be overly harsh on you but why dont you go and have a face to face chat and explain your issues and outline your minimum requirement to work there and if you cant get what you want leave, instead of trying to create havoc for your employer, your co workers and yourself.

number7 said:

I hate the way everyone thinks an employer cant change your terms and conditions legally, they just need to negotiate the change properly. All over the country employers have been cutting pay and making operational changes that effect terms and conditions, its in the paper and on the news every day. What do people think the corke park deal was about.

I dont see anything wrong in this situation, your employer asked you to accept changes to your work t&c, they gave you 2 options, you chose 1, now you dont like your choice, you tell them and they say ok heres your choice again.

Sounds fair to me. All the rest about previous job, bad co worker, telling someones wage details is all just fluff and nonsense.

Nera will investigate your employer if you make a complaint, they will check that pay rates are in accordance with min wage, prsi is being paid, holidays are being calculated properly and paid, bank hols are being paid properly, employees are legal, breaks are being given etc, they definately wont mediate in a dispute over wages and commission unless they are illegal.

It sounds like you are the problem employee here, instead of supporting your co worker who is making a stand about the very things you are bitching about you are trying to shaft them by highlighting the extra work you are doing due to this stand.

I dont mean to be overly harsh on you but why dont you go and have a face to face chat and explain your issues and outline your minimum requirement to work there and if you cant get what you want leave, instead of trying to create havoc for your employer, your co workers and yourself.

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How ironic - the only person to respond negatively to my post is a business owner!!

dmos87 said:

How ironic - the only person to respond negatively to my post is a business owner!!

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That could also be viewed as being realistic in these troubled times or looking at the situation from both sides of the fence. The bigger picture needs to be borne in mind these days.

A friend of mine refused to take a pay cut and was the only employee to do so. He was also, shortly afterwards, the only employee to be made redundant.

S.E.

I agree with number7's post and I'm a public servant. I would insist that the salary on offer be disclosed as you can't be expected to make a decision without knowing it.

come on, the company must be in difficulty to do all that and yes this was very underhand, but you've got your job others havent.. you dont like it leave.

Yes the company are in difficulty but regardless of the current economy, they cannot treat employees as they do. I have contacted NERA and it is illegal what they are doing.

At the moment I am biting my tongue and looking for other work which I have been doing for some time, as you said I am lucky to have a job right now and believe me I know that.

Number7 posted below 6 areas that NERA will investigate - 4 of those are not being adhered to within the company, not to mention the other areas not specified by Number7. Its difficult to fully explain the situation without revealing too much. We have never been given contracts so I have no "proof" commission is paid (other than receiving it for the first 6 months in my new location) however every other work colleague all over the country in the same role as me are receiving commission.

I understand its difficult and I sounded harsh with my comment.. But as an example my business has been badly effected and what I have ended up doing is the two owners, working for free for 12-18 months working longer hours and harder to try and turn it round and get it on its feet.. Now I know I own the business so that is different.. but as an employee I think within reason you should be willing to do the same do what ever you can to help out and then hopefully your job will be safe and when the companies in better times remind them of your commitment. Any company would agree and give you back your commission etc... if you don't think they will then they are not worth working for.. in this case try and get another job, or start out on your own. You can always go back into the boss discuss how much your willing to comit to your position and ask them to make sure when things are back on track they put your bonus and salary back in place.?

Hello, im new to this and not sure if im in the right place, i have worked for over 12 years in a job. salary at the start was put at the lowest clerical officer in the civil service, i have to negotiate my own pay increases over the years and i have not been very pushey as my salary comes from a grant. can someone advise me as to where i should be on the clerical officer scale after 12 years, paying all tax, prsi, usc, etc...anything that could be deducted has been deducted. i would appreciate any advise.

thank you