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 hope you find this video useful if you
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