Sunday Premium-the Compensation for Working on Sunday in Irish Employment Law

Sunday Premium-the Compensation for Working on Sunday in Irish Employment Law


if you work on Sunday the organization
of working time Act section 14 makes provision for a premium payment in
respect of working on Sunday so section 14 basically says that you’re entitled
to paid time off or an allowance if you work on Sunday and the allowance then
can be an increased rate of pay how much is the increased rate of pay I have seen
employers with contracts of employment where the premium for working on Sunday
is one cent or five cents so let’s assume that the employee earns 10 euros
per hour in the normal course and on Sunday they may be getting a premium of
5 cents the Labour Court when it has how to decide on these cases has found that
five senses inadequate labor court generally have given varying results
varying decisions but generally they are looking at a premium of twenty five
percent at least of the normal rate of case of the normal rate of pay 10 euros
the premium should be at least 25% for working on Sunday there’s also the
question of a composite rate of pay you may have a contract of employment which
states that the rate of pay in your contract is a composite rate and takes
into account the Sunday premium the difficulty with this approach if it
comes to the Labour Court is that the labor court will say that the premium
that’s be able should be identify ever from the contract of employment and if
you put in the cons like that you’re getting paid 11 euros and this includes
a premium for working Sunday this is not it’s not apparent what the premium for
working on Sunday is so this is something you need to be careful about
as well if you’re an employer you are entitled to or you are obliged
to give a payment premium payment or paid time off or an allowance for Sunday
working and it should be identifiable from the contract what the rate of pay
or the premium is benefiting kind is not acceptable so the Labour Court has held
that a premium must be paid and a benefit in kind for example a free meal
is not sufficient and the composite rate of pay as I say a composite rate of pays
are very well for the employer to slap it into the contract of employment but
the premium is not identifiable then and therefore if it’s challenged by the
employee and of course to the WRC or to the labor court on appeal then it’s
quite likely that the employee will win on the basis that the premium for
working on Sunday pursuant to section 14 of the
organization of working time like 1997 is not apparent that’s really if in
relation to Sunday premium all employees are entitled to a premium for working on
Sunday it’s in the organization of working time Act 1997 section 14 and if
you go to my website employment rights Ireland calm you’ll find an article or a
blog post there the Sunday premium rate of pay how much should be paid for
working on Sunday it’s worth taking a look at and it sets out as well the
section the relevant section of the organisation of working tonight 1997 I
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