Your Entitlements - Workers Rights

My employer wants to reduce my working hours because of a decline in her business, but I have nothing in writing from her. What should I do?


Answer
A reduction in working hours is a change to your contract of employment. It cannot happen unless both you and your employer agree to it. You should ask your employer for details of the reduced business activity, who else has been asked to reduce their working hours and what were the criteria for selection

You should also ask your employer to give you written details of the proposed change to your contract, including a review date. You should respond to her in writing. If you accept the change, you should stress that your acceptance is temporary. At the review date the change can be reconsidered and you can ask to return to the original terms and conditions of your contract

If you agree to work fewer hours, you may qualify for some financial supports, depending on your circumstances. These include jobseeker payments, Family Income Supplement and Mortgage Interest/Rent Supplement

If your hours or pay are reduced to less than half the normal weekly amount, this is called a “short-time situation”. This must be a temporary situation and your employer must notify you before it starts, ideally by using Part A of form RP9. Your employer can put you on short time if it is in your contract of employment or if it is custom and practice in your workplace. Otherwise your employer should not put you on short time without your agreement. However, if you do not agree, you may be made redundant

If the short-time situation continues for 4 weeks or more, or for 6 weeks in a period of 13 weeks, you may claim a redundancy lump sum. If you do this you are considered to have left your job voluntarily and so you will lose any right to notice or pay in lieu of notice from your employer

For detailed information on reduced working hours and redundancy, see the Citizens Information Board’s microsite www.losingyourjob.ie.

 

Question A - My employer plans to reduce my working week. Is there any extra payment I can get towards supporting my family and paying my mortgage?


Answer
If you are working a three-day week or less, you may qualify for Jobseeker's Benefit for the other days, provided you meet the other conditions.

 

You must be under 66 years of age, be unemployed for at least 3 days in 6, and have enough social insurance (PRSI) contributions. You must also be capable of work, available for work and genuinely seeking work.

 

Apply at your Social Welfare Local Office (SWLO). To save time, you can download the application form (UP 1) from www.welfare.ie and fill it in as far as possible before you call to the office.

If you do not qualify for Jobseeker's Benefit, you may be able to get Family Income Supplement (FIS). This is a payment for families at work on low pay, including single-parent families.

 

You must have at least one child who normally lives with you or is financially supported by you. Your child must be under 18 years of age or between 18 and 22 years of age and in full-time education. You (and/or your spouse or partner) must be working a total of 19 hours or more per week (or 38 hours per fortnight). If you already get FIS, you may now be entitled to a higher rate of payment.

 

You will need to fill in the application form (FIS 1) and send it to the FIS Section, Department of Social and Family Affairs, Social Welfare Services Office, Government Buildings, Ballinalee Road, Longford. Enclose two recent payslips, your latest P60 form and a copy of your current Certificate of Tax Credits.

 

You may also qualify for Mortgage Interest Supplement. This is a weekly means-tested payment to help with the interest portion of your mortgage repayments in the short term. N.B. If you or your spouse/partner are working more than 30 hours per week, you will not qualify for Mortgage Interest Supplement.

 

You will not get help with the portion of your mortgage repayments that pays off the actual loan and house insurance. Contact your mortgage lender to discuss repaying the actual loan. Apply to the Community Welfare Officer at your local health centre.