This is the final post in a series of posts regarding the Employment [Miscellaneous Provision] Act, 2018. Post 1 outlined the information to be provided to new employees, within the first five days of their commencement of employment where they are not given a contract. Post 2 outlined the ban on zero-hour contracts except in specific circumstances and a minimum payment for employees who come to work and are sent home. Full details can be accessed through our website www.canavanbyrnechildcare.ie where all this information has been published
In addition, the new legislation has amended the Organisation of Working Time Act to:
Allow employees whose hours of work are not reflected in the contract of employment to request their employer to place them on a band of weekly hours that corresponds to the average number of hours worked per week by the employee in the twelve months preceding the request.
The banded hours are set out below:
Band From To
|A||3 HOURS||6 HOURS|
|B||6 HOURS||11 HOURS|
|C||11 HOURS||16 HOURS|
|D||16 HOURS||21 HOURS|
|E||21 HOURS||26 HOURS|
|F||26 HOURS||31 HOURS|
|G||31 HOURS||36 HOURS|
|H||36 HOURS||AND OVER|
If an employer receives a request from the employee, the employer must provide the employee with average weekly hours which fall within the appropriate band within four  weeks of the request.
For example, if an employee has worked an average of 10 hours a week for the 12 months preceding the request, they must be placed on the band B – between 6 and 11 hours of work a week.
The employer is obliged to apply the banded hours unless:
There is no evidence to support the claim made by the employee
Due to exceptional circumstances or an emergency it would not be practicable for the employer to comply to the request
There has been a significant change in the business
The average hours worked related to a temporary situation that no longer exists
Employers should review the contracts they have for relief workers to ensure that they are ‘relief’ workers and they meet the criteria of the zero-hour contracts as set out under the Act [see post 2]. If the employee is working more regular hours employers are advised to review the banded hours requirement above and their obligations and if necessary, update the employee’s contract.
Employers are reminded to keep adequate, comprehensive records of hours worked by employees so that they can verify any requests made by employees for banded hours in accordance with the Act.