Non-JLC Hotels*
*(Hotels in the Boroughs of Dublin, Dún Laoghaire and Cork)
Non-JLC Hotels*
|
|
| Introduction | Preparing for Inspection | Case Studies | Resource Pack | Rights & Responsibilities | Contact |
Case Studies |
Getting it Right |
The owners run a busy Hotel in Cork city centre. The Hotel has a roster for all staff which runs Monday – Sunday and lists shifts in the format of “Early”, “Late” or “All day”. Employees on an open-ended shift note their actual finish time on the roster for payroll but no other records of hours are maintained. The Hotel issues a full set of Health and Safety and Food Hygiene Procedures to all staff and a short contract letter which confirms their employment, job title and rate of pay.
The business employs 45 full and part-time staff and they are paid different rates depending on their qualifications, skills and experience. All employees are paid once a week by credit transfer, but no payslips are issued. On a public holiday, any employee who works on the day receives “double time”. Employees who are not rostered for the day do not get paid anything extra that week. On review of employment records, it was noted that new employees without experience or qualifications are placed on the national minimum wage (NMW), for all hours worked.
| 1. | 1. No proper records of working time to show the daily start and finish times or evidence that employees are getting breaks. | RemedyInclude reference to employees own responsibility for taking their breaks in their Employment Terms and Conditions or Contract and ensure each employee completes a Working Time Record or an OWT1 Form or incorporate their ‘signed’ verification of hours worked and breaks taken in the Roster records.See Contract of Employment Template (Long Version / Short Version), Roster Template and Record of Hours Worked Word Format & Excel Format |
Possible Court FineUp to a maximum of €1,903 per breach (as at 2009). |
||
| 2. | 2. Contract/Letter of Employment does not specify type, role, or method by which the employee’s payment is calculated. | RemedyAmend contracts to include type of contract and how the rate of pay is calculated (e.g. hourly, paid fortnightly).See Contract Template (Long Version / Short Version). |
Possible Court FineUp to a maximum of €952 (as at 2009) for each offence of non compliance with the terms of Industrial Relations Act 1946 (Section 45). | ||
| 3. | 3. New employees with no qualifications or experience are paid the National Minimum Wage (NMW) for all hours worked. | RemedyStaff must receive compensation for working on a Sunday. This can be part of a rate of pay where it is already over the National Minimum Wage (NMW). If an employee is earning exactly the NMW, an additional amount, to be specified by the employer, must be paid for each hour worked on a Sunday. |
Possible Court OrderTo pay arrears (difference) to employees, backdated to date set down by the court. | ||
| 4. | No statement of earnings or payslip which includes separate details of deductions made is provided to employees. | RemedyAmend format of payslip or statement of earnings.See Payslip Template and Contract Template (Long Version / Short Version). |
Possible Court FineUp to €1,269 (as at 2009) for non provision of statement of earnings (or payslip). | ||
| 5. | Public Holiday benefit not paid properly calculated. | RemedyAll qualifying employees who would normally work on that day must receive one of four benefits; those who do not normally work on that day receive an extra one-fifth of their working weeks’ pay.See Contract Template (Long Version / Short Version) with details of benefit options. |
Possible Court OrderTo pay difference to employees as determined by the Court | ||
Possible Court FineUp to a maximum of €952 (as at 2009) for each breach of the ERO within the terms of Industrial Relations Act 1946 (Section 45) |
This Hotel is based in Dublin city centre and issues a contract of employment to each new employee within 2 months of their first day. The contract provides start date, details of job title, rate and frequency of pay, details of break entitlements and procedure if breaks are missed. All employees are notified of their working hours through a roster that is put up in the office once a fortnight and staff are also asked to record their start and finish time in a folder in the office which is collected each day by the duty manager.
During busy times, the Hotel hires a number of under 18’s from the local area. A Young Persons’ register is held for each of these people containing details of their hours of work, rates of pay and in the case of 14 and 15 year old, permission from their guardians to work. Each manager ensures that those under 16 are not rostered to work before 8am or after 8pm and 17 and 18-year olds are not rostered to work before 6am or after 10pm (11pm on non-school nights). Details of additional breaks for such employees are provided for in their contracts and a summary of the Young Person’s Act is displayed in the office.
Where an employee works on a Sunday, they are paid in one of two ways. Either they are paid an extra amount for working on the Sunday or they are on a higher overall rate of pay to take into account that they will usually work on a Sunday. This fact is made clear in the contract of employment as well. Where an employee is paid an extra amount in a fortnight, this is highlighted in the employee’s payslip.
Where an employee works on a Public Holiday, the employee receives either an extra days’ pay, a paid day off within a month or an extra days’ annual leave. For all other full-time employees (and part-time employees that have worked at least 40 hours in the 5 weeks before the Public Holiday) who would not normally work on the day in question, they receive one-fifth of their working weeks pay in the week of the holiday.