Why Join a Union?

YOUR UNION - YOUR VOICE

Why Join A Union?

There is a very simple reason to join a union - union members are better off. They are better off financially by virtue of enjoying better rates of pay.

This fact was most recently confirmed by the CSO’s National Employment Survey (2006), which shows unionised workers consistently enjoy higher pay than those in non-union workplaces. Unionised workplaces also enjoy better working conditions, with individual unions frequently negotiating entitlements for members that are over and above the statutory, legal minimum.

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

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.

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.

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

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

www.cwu.ie

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.

www.callcentreunion.ie

your conditions Of employment, Your Working Time – Breaks, Rests And Holidays Contract And Pay 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.

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.

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”.

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

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.

The minimum rate of pay as at 01/06/09 Wage

Your Situation

€8.65

Experienced adult worker

€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)

€6.92

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

€6.10

Under Age 18

There are however, some exceptions to the minimum wage, including those employed by close relatives, those aged under 18 and trainees or apprentices The minimum is not the maximum. Trade unions aim to achieve pay rates that exceed the minimum.

Deductions

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.

Time Worked

Break Entitlement

4.5 hours

15 minutes

6 hours

30 minutes

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

Maximum working time - A maximum working week average of 48 hours a week.

The maximum 48 hour week is based on an average calculated over a four, six, or twelve-month period depending on the industry. Your employer must keep a record of how many hours you work.

Sunday Working

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.

The premium can be in the form of: • Added payment •

Time off in lieu

•

Unsocial hours premium.

•

A portion of shift premium

Night working

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.

Holidays

Under the Organisation of Working Time Act, 1997 workers are entitled to paid leave. Each worker builds up an entitlement to leave according to how many hours work they do within specific periods. In order to calculate your own entitlement to annual leave you should use the most appropriate of the following formulas.

• Formula One If you have worked 1,365 hours or more in any year your are entitled to 20 days paid annual leave. However, if you have changed employment in that year you are still only entitled to twenty days, and each employer will be responsible for leave accumulated during your time in their employment.

• Formula two If in any month you have worked 117 hours, then for that month you are entitled to receive one third of the working week in paid annual leave.

Communications Workers’ Union 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

• Formula three If neither of the above formula are applicable, in general you are entitled to receive 8% of the hours worked in any year as paid leave.

It is important to understand that these days do not include public holidays which workers are normally entitled to in addition to the annual leave entitlement.

All full time employees are entitled to public holidays without any specific qualification.

There are nine public holidays each year: New Year’s Day; St. Patrick’s Day; Easter Monday; The first Monday in May; The first Monday in June; The first Monday in August; The last Monday in October; Christmas Day; St. Stephen’s Day. However, if you are a part time employee you must have worked at least 40 hours in the five weeks preceding the particular public holiday in order to be entitled to that holiday. If the public holiday falls on a day where an employee would be expected to work the employer concerned can make arrangements for one of the following as an alternative to a day off on the particular public holiday.

•

A paid day off within one month of the public holiday

•

An additional days’ annual leave

•

An additional days’ pay.

The entitlements to annual leave outlined here are minimum entitlements, and in most employments where a union represents the workers the unions have secured better annual leave for the people they represent.

Why Join A Union?

wn do out l l Pu pen o &

Family & Work

Your Health And Safety At Work

Disciplinary And Grievance Procedures

Pregnancy, Maternity, Paternity: Maternity Leave

1. Employees have a right to be safe at work. By law your employer must provide:

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.

The maternity leave act provides for: • 26 weeks maternity leave which may attract maternity benefit and the option to take an additional 16 weeks unpaid leave. Of the 26 weeks, the employee must take 2 weeks leave before the last day of her expected week of confinement. The employee must also take a minimum of 4 weeks leave after the last day of her expected week of confinement.

• The right to time off from work without loss of pay to attend ante-natal and post-natal medical care appointments • Termination of additional maternity leave in the event of sickness of the mother*.

• The right to health and safety leave during the pregnancy and up to 26 weeks after the birth if the mother is breastfeeding

• The right of the employed father to leave where the death of the mother occurs within twenty two weeks of the birth

• The protection of certain employment rights while on leave under the Act • The right to return to work

• Protection against dismissal from the beginning of pregnancy to the end of maternity leave (if the dismissal results from pregnancy or connected matters) *Termination and postponement of leave are given at the discretion of the employer.

N.B There is no service qualification for any of the rights given under the Act.

The Act applies to all female employees who have notified their employer in writing, of their pregnancy, for the period of the pregnancy to the end of maternity leave. The employee must provide a medical certificate indicating the week during which it is expected the baby will be born. This notice must be given to the employer at least four weeks before the beginning of maternity leave i.e. 8 weeks before the expected date of confinement.

You are protected under legislation as soon as you inform your employer of your pregnancy in writing.

New Fathers

There is no statutory entitlement for fathers to avail of paternity leave however the CWU has negotiated paternity leave for our members in some companies.

In very specific circumstances, fathers of newborns also have some rights under maternity legislation.

Carer’s Leave

If you need leave to care full-time for a sick relative, you may be entitled to up to sixty five weeks (unpaid) Carers’ Leave under very precise conditions.

Usually, six weeks notice is necessary, and a minimum of thirteen weeks must be taken. Whether or not you qualify for Carers’ Leave is judged by the Department of Social and Family Affairs. If you take Carers’ Leave, your job (or equivalent) is secure.

• • • •

A safe place of work Safe systems of work Safe plant and equipment Competent co-workers

2. You must also contribute in every way possible to a safe work environment and obey lawful instruction from your employer to ensure safety.

3. You are entitled to a staff safety representative nominated by employees.

4. The behaviours described below are illegal and if encountered, should be reported to your employer.

• Bullying is defined as behaviour of either a physical, psychological or verbal nature, which is unwelcome and unwanted. Examples of such are: open aggression, threats, constant humiliation, sneering, taking credit for another person’s work, undermining a person’s authority, spreading malicious rumours.

• Harassment is defined as any act or conduct which is unwanted and unwelcome, and which could reasonably be regarded as offensive, humiliating or intimidating.

Treating people less favourably or subjecting them to ridicule on any of the nine discriminatory grounds (see Equality section), name-calling, isolation or exclusion within the workplace, unwarranted criticism of work performance, production, display or circulation of offensive material are all examples of harassment. This is not an exhaustive list of examples.

• Sexual Harassment is defined as unwanted and unwelcome conduct which could reasonably be regarded as sexually (or otherwise on the gender ground) offensive, humiliating or intimidating.

Examples include: sexually suggestive jokes, innuendo, questions or insults about one’s private life, unwelcome sexual attention, leering, offensive gestures or whistling, suggestions that sexual favours may further someone’s career, or that refusal may damage it. Again, this is not an exhaustive list of examples.

It is unpaid leave, but your employment is secure for the duration of the leave.

Force Majeure Leave (Paid Emergency Leave)

This is emergency leave, with pay, if your presence is absolutely necessary to assist particular relatives in case of accident or emergency. The maximum is 3 days in 12 months or 5 days in 36 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.

You do not have to exhaust annual leave before taking force majeure leave.

You must let your employer know as soon as possible if you are availing of Force Majeure Leave.

• 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.

• 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.

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

• 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.

JOIN THE C.W.U. TODAY

The Labour Relations Commission has issued codes of practice on victimisation, bullying and work related stress.

USEFUL LINKS

Equality At Work

What If I Am Dismissed Unfairly?

1. It is against the law to treat a person less favourably than another person because of his or her gender, sexual orientation, disability, marital status, religious beliefs, race, family status, age, membership of the traveller community.

You are entitled to a minimum amount of notice if your employment ceases.

The minimum amount of notice depends on the length of service.

- Equality Authority [www.equality.ie]

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.

- National Employment Rights Authority [www.employmentrights.ie]

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.

- Health and Safety Authority [www.hsa.ie]

Parental Leave

Fourteen weeks unpaid leave is available to both the father and the mother of a child born, or adopted up to 8 years of age or 16 years of age in the case of children with disabilities. By agreement with the employer, this can be taken in shorter periods. Written notice must be submitted no later than 6 weeks before the leave is due to commence.

GLUE AREA

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

Such treatment includes all aspects of employment, e.g. pay, access to work or training, promotion etc. but only after a direct comparison has been made to one of the grounds listed above.

2. Employees on a fixed term contract commencing after July 2003 must be offered a permanent contract after 4 years if their services are to be retained – unless the employer can justify not doing so for a reason that is legitimate and appropriate.

3. If you work part time, you cannot be treated differently to someone who works full time simply on the basis of the hours that you work. (This covers pay and opportunities, but not pensions)

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

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

- FÁS [www.fas.ie]

- National Adult Literacy Agency [www.nala.ie] - Irish National Organisation of the Unemployed [www.inou.ie]