Can an opt-out store or wetter re-register for Sunday work? In 2015, the Court of Justice of the European Union (CJEU) ruled that when employees do not have a permanent job, the time they spend daily between their home and their first and last customer is considered working time – Case C-266/14 (pdf). Collective agreements and individual agreements must comply with the law. An employee is entitled to the payment of the Sunday work bonus, which is payable to a comparable employee in a collective agreement in a similar industry or industry. This means that the Sunday bonus, if not already paid, corresponds to the most applicable collective agreement, which applies to the same or similar work in similar circumstances and provides for a Sunday bonus. Employers and employees can also agree on the true value of benefits in kind. They can only do so if the value they agree on is greater than what the law says. This agreement must be in writing. If you want to perform any of the following calculations, you need to use the total salary (the cash salary plus the benefit in kind): Should employees receive a higher rate of pay for Sunday work? You can take up to 21 days of uninterrupted annual leave or by appointment 1 day for the 17 working days or 1 hour for each 17 hours of work. An employer is not obliged to pay employees a bonus for working on Sundays.
However, if the employer wants to limit the number of employees who retire, a higher rate of pay can help. It is a breach of contract to change your working conditions without your consent. All employees are entitled to a written certificate of service if the employee ceases to work for that employer. The certificate of service contains the full name of the employer and the employee, the work(s) performed by the employee or the work, the date on which the employee began work and the date on which the employee completed the work; wages at the time of work, including benefits in kind. Employers must inform new employees in writing of their work and working conditions. This includes all working conditions and a list of all other related documents. If a store or bet employee bounces off Sunday work, is the employer required to offer alternative hours on other days of the week? 3.2 In the absence of a collective agreement, best practices should be established by reference to the remuneration agreements provided for in a collective agreement for comparable workers in the (retail) sector. It is not legal to allow shop or betting workers to withdraw from Sunday work, whether for business or otherwise. If your contract does not guarantee overtime, your employer may prevent them from working. But your employer shouldn`t discriminate against you or intimidate you by letting others work overtime while denying you the opportunity.
Does the right of traders and betting workers to withdraw from Sunday work depend on uninterrupted employment? Joanna Dodd, Senior Partner at Clarion, answers employers` questions about the Sunday Work Act. The Working Time and Rest Periods Act 1997 does not apply to all employees. It does not apply to the Gardaí, the armed forces, employees who control their own working hours, or family workers on farms or in private homes. The Youth Protection (Employment) Act 1996 regulates the working time of young people under the age of 18. In other cases with different circumstances, a court may find that the obligation of all employees to work on Sundays is not justified and constitutes indirect discrimination. As a result, any employer who is faced with an employee who requests to be exempted from Sunday work for religious reasons is advised to consider whether there are ways to comply with that request, rather than simply rejecting it directly. .