Call Centre Rights

Call Centre Rights

YOUR UNION - YOUR VOICE

As the call centre union in Ireland, the CWU has a proven track record and extensive professional experience representing staff in call centres countrywide. Whether you work in a call centre, a contact centre or any kind of phone based work and whether you work on a full-time, part-time or agency basis, you have rights.

Why Join the Communications Workers’ Union (CWU)?

What are my Rights?

The CWU is a trade union which organises and represents the interests of people working in the communications industry in Ireland including An Post, Eircom, Vodafone, UPS, Meteor, O2, and several call centres.

It is important to know that you have a constitutional right to join a trade union and you will be protected by law when you do join.

The CWU seeks to improve the pay and working conditions of our members and campaign for better living standards for all working people.

Please note that this information is provided as a guide only and does not set out to be a legal interpretation of your entitlements. You should seek the advice of your trade union or legal adviser if you need further information on these areas. The information outlines your minimum entitlements; in many cases the CWU has negotiated far better agreements with companies through collective bargaining.

There is a comprehensive range of legal entitlements for call centre workers.

These have been hard fought for over many years by the trade union movement and are there for your benefit and protection.

Trade unions are organisations independent of the state and employers. We are run by our members for our members.

Every worker has the constitutional, legal right to join a Trade Union

Pay And Conditions Of Employment • Minimum wage

You are entitled to a written statement of your pay, terms and conditions of employment within 2 months of beginning work.

You are also entitled to a written statement (payslip) each time you are paid.

The national minimum wage*, which employers (excluding family members) are obliged to pay is:

www.callcentreunion.ie

Working Time – Leave, Rest And Breaks 1. Your terms and conditions (contract) should specify the dates and times that you are to work. Otherwise, your employer is obliged to provide you with details of the times you have to work, at least 24 hours beforehand.

2. You are entitled to breaks during your work and rest periods between work as follows:

Wage

Your Situation

Time Worked

Break Entitlement

€8.65

Experienced adult worker

4.5 hours

15 minutes

€7.78

In the second year after the date of first employment over age 18 (whether or not the employee changes employer during the year)

6 hours

30 minutes

€6.92

In the first year after the date of first employment over age 18 (whether or not the employee changes employer during the year)

You are entitled to 11 hours continuous hours of rest in every 24 hour period, and one 24 hour rest day in every 7 days.

€6.10

Under Age 18

The maximum average working week is 48 hours. The working week is averaged over 4, 6 or 12 months. This time excludes break, meal and rest periods whether paid or not.

*For the most up to date information on the national minimum wage please see www. citizensinformation.ie

• Contract of employment

A contract of employment is comprised of “expressed terms” and “implied terms”.

Expressed terms are those expressly agreed and incorporated into the agreement by both parties at the time the contract is agreed.

An implied term refers to those terms that are incorporated into the agreement by an external source i.e. by law, collective agreement or by “custom and practice”.

A contract of employment may be written or oral. All employees are entitled to a written statement of terms and conditions of employment.

Whilst the full contract does not have to be in writing, certain things must be stated in writing within two months of starting employment including the rate, method and frequency of pay. For those on a fixed term contract it should also include in what circumstances your employment will come to an end.

• Maximum weekly working

• Holidays

You start to accumulate an entitlement to annual leave as soon as you start working.

You are entitled to accrue annual leave regardless of time spent on maternity leave, adoptive leave, parental leave, force majeure leave, sick leave, annual leave and time spent on overtime.

The number of annual leave days you are entitled to is calculated in one of three ways: - 20 days, if you work more than 1,365 hours or more per year - 1/3 of a working week per calendar month that the employee works at least 117 hours

Communications Workers’ Union

• Public holidays

There are nine public holidays in the Republic of Ireland: 1. New Year’s Day (1st Jan )

6. First Monday in August

2. St. Patrick’s Day (17th Mar)

7. Last Monday in October

3. Easter Monday

8. Christmas Day (25th Dec)

4. First Monday in May

9. St. Stephen’s Day (26th Dec)

5. First Monday in June On a public holiday you are entitled to either: A paid day off on that day, a paid day off within a month of the holiday or an additional day’s leave or an additional day’s pay. In order for a part-time worker to qualify for a public holiday, he/she must work at least 40 hours in the 5-week period that immediately precedes the public holiday.

Ceard Chumann Oibrithe Cumarsáide 575 North Circular Rd, Dublin 1 Tel: 01 866 3000 Email: info@cwu.ie Fax: 01 866 3066 Website:www.cwu.ie

Employees on maternity leave, additional maternity leave or parental leave maintain their entitlement to public holidays for the duration of their absence.

• Night workers

Night time is defined as the period between midnight and 7am the following day.

A person is considered a night worker if he/she normally works at least 3 hours of their daily working time during night time or the annual number of hours worked at night equals or exceeds 50% of annual work time.

Maximum working time for night working is 48 hours weekly, averaged over 2 months.

Under health and safety regulations, night workers are entitled to a medical assessment ‘at regular intervals. Pay rates and leave for night workers are not covered by the Organisation of Working Time Act. These depend on the terms of the night worker’s contract of employment.

• Sunday working

Call Centre Rights

If not already included in the rate of pay, employees are entitled to supplementary payment for Sunday which will be equivalent to the closest applicable collective agreement which applies to the same or similar employment and which provides for a Sunday premium.

*See overleaf for more details on your terms of employment

- 8% of the hours an employee works in a leave year (subject to a maximum of 4 weeks)

Legal deductions from wages are tax or social insurance (PAYE, PRSI). Any other deductions from your wages (i.e. union subscription, pension subscription) must be agreed by you with your employer or be authorised by your contract of employment.

No deductions can be made without your consent, even in circumstances of overpayment.

Sickness while on annual leave, when covered by a medical certificate, is not counted as annual leave.

• Added payment

Part-time employees in Ireland are entitled to annual leave consisting of 8% of all the hours they work, subject to a maximum of 4 working weeks in the leave year.

• A portion of shift premium

• Deductions

Workers are entitled to receive certain minimum statutory employment rights.

However the minimum is not always the maximum and unions frequently ensure that workers are entitled to more. This leaflet, however, sets out the minimum you should receive.

The premium can be in the form of: • Time off in lieu • Unsocial hours premium.

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Disciplinary and Grievance procedure

Health and Safety

Disciplinary procedures can occur when your employer is dissatisfied with your work performance or you are accused of unacceptable behavior at work and this is raised with you formally.

Stress is a major issue for call centre workers, who are faced with increasing workloads and the constant pursuit of productivity measurements.

All workers have the right to equal opportunities and treatment and have the right to dignity at work.

Workers need to be able to work in an environment which does not compromise but rather protects and promotes their health. Everyone has the right to safe working conditions and a healthy environment.

The nine grounds for discrimination as stated in the Employment Equality Act 2004 are: - Gender

A grievance is when you raise an issue about an incident or conditions at work.

• You have the right to Union representation whether or not your employer recognises a Trade Union.

• You have a right to a copy of your company’s Disciplinary and Grievance procedures which must be adhered to.

Under the Safety, Health and Welfare at Work Act 2005 employees are entitled to elect a safety representative to represent them on safety and health matters with their employer. The CWU provides training courses which guarantee that they have the knowledge and expertise to carry out inspections at work.

• All procedures are based on the concept of natural justice, which allows you fair procedures, details of any allegation made against you, the right to respond and the right to have a work colleague or trade union representative of your choosing present.

Every employee who habitually uses a VDU (computer monitor) as a significant part of normal work has a right to opt for an appropriate eye test which must be made available and paid for by the employer, except where there may be a social welfare entitlement.

• Your employer must take into account any representations made and any other circumstances which are relevant to the situation before making a decision.

Employers must plan work so that daily work at VDUs is interrupted periodically by breaks or changes in activity which reduces the work at the screen in order to reduce eye strain. The regulations do not specify the frequency and duration of work breaks when working with VDUs, nor is there any generally accepted standard. There are employer trade union agreements on work breaks at company level.

• Disciplinary action should follow a pattern of verbal and written warnings with possible suspension and dismissal as a final option. Steps may be skipped in the event of serious misconduct.

• You have the right to appeal a decision to a higher level of management By consulting the CWU, you are ensuring that the person representing you has the necessary skill and experience and has your interests at heart.

By availing of CWU representation you will benefit from independent advice and guidance from a union representative who understands the process and who is there to protect your interests and to make sure you are treated fairly and that your rights are protected.

Terms of Employment The employer is required under the Terms of Employment (Information) Acts, 1994 and 2001 to give all employees certain information in writing within two months of commencing employment.

This information must include: • The full names of the employer and employee • The address of the employer • The place of work, or where there is no main place of work, a statement indicating that an employee is required or permitted to work at various places • Job title or nature of work

There are also guidelines in place regarding workstations, fatigue and stress, lighting, noise levels etc.

The CWU has negotiated agreements for improved work break entitlements in several companies.

If you feel there is a problem with the standard of health and safety in your workplace, you should contact your trade union workplace rep or staff safety representative.

• Date of commencement of employment • If the contract is temporary, the expected duration of employment • If the contract is for a fixed-term, the date on which the contract expires; if the contract is for a fixed purpose, then the details of the occurrence of that specific purpose • The rate of pay or method of calculating pay • Whether pay is weekly monthly or otherwise • Terms or conditions relating to paid leave (other than paid sick leave) • Terms or conditions relating to incapacity for work due to sickness or injury • Terms or conditions relating to pensions and pension schemes • Periods of notice or method for determining periods of notice • A reference to any collective agreements which affect the terms of employment

Equality GLUE AREA

- Marital status - Family status

- Sexual orientation - Religion - Age

- Disability - Race

- Membership of the Travelling community

It is against the law to treat someone less favourably than another person on these grounds.

If you work part time, you are entitled to be treated in the same way as someone who works full time. This applies to pay and opportunities, but not pensions.

What if I am Dismissed Unfairly?

You are entitled to a minimum amount of notice if your employment ceases. The minimum amount of notice depends on the length of service.

The Unfair Dismissals Acts, 1977 -1993 set out to ensure that workers are not unfairly or unreasonably dismissed. In general the law provides that each dismissal will be deemed unfair unless an employer can show substantial grounds to justify the dismissal.

In order to make a claim under the Unfair Dismissals Act workers would normally have to be over the age of 16 and have worked for the same employer for more than one year. However in some circumstances these restrictions do not apply, for instance if you are dismissed for being a member of a union you are covered by the terms of the legislation regardless of your period of service.

JOIN THE C.W.U. TODAY

If for any reason you think you have been unfairly dismissed you should contact the CWU for advice.

There has never been a better time to join the CWU. Make sure your voice is heard in your workplace.

USEFUL LINKS

Pregnancy, Maternity, Parental Leave • Maternity

Pregnant women are entitled to 26 consecutive weeks “maternity leave” around the time of the birth of the baby (two weeks should be taken before the birth). During this time, a mother may receive maternity benefit (a social welfare payment). The minimum weekly payment is €230.30 up to a maximum of €280. In many cases, the CWU has negotiated “top up” payments with employers.

You are also entitled to take up to a further 16 weeks additional unpaid maternity leave.

Once pregnancy is confirmed, a worker may take reasonable time off work to attend medical appointments connected with the pregnancy. You are also entitled to take paid time off to attend some ante-natal classes.

• Parental leave

The mother and father of a child are entitled to fourteen weeks unpaid parental leave in separate blocks of a minimum of six continuous weeks.

More favourable terms may have been negotiated for by your union.

• Paternity leave

There is no automatic right to paternity leave, however the CWU believes that paternity leave is important and in many companies has negotiated for paternity leave for new fathers. In very specific circumstances, fathers of newborns have some rights under maternity legislation.

- Citizens Information Board [www.citizensinformation.ie] - Department of Enterprise, Trade and Employment [www.entemp.ie]

• Force Majeure

An employee is entitled to leave with pay from his or her employment for urgent family reasons, owing to the injury or illness of - a child or adoptive child of the employee; The spouse of the employee, or a person with whom the employee is living as husband or wife; A person to whom the employee is ‘in loco parentis’; A brother or sister of the employee; A parent or grandparent of the employee; Persons in a relationship of domestic dependency, including same sex partners.

Force majeure leave cannot exceed 3 days in any 12 consecutive months, or 5 days in any 36 consecutive months. It is important to note that part of a day’s absence on force majeure leave reckons as one day for the purpose of these limits.

- Equality Authority [www.equality.ie] - National Employment Rights Authority [www.employmentrights.ie] - FÁS [www.fas.ie] - Health and Safety Authority [www.hsa.ie] - National Adult Literacy Agency [www.nala.ie] - Irish National Organisation of the Unemployed [www.inou.ie]