husband's base keeps changing - what pay shoudl he get?

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mooch's mom

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My husband works for a builder based in Kerry. The company has projects throughout the lower half of the country, and sets up bases near the work on a temporary basis.

They maintain that work starts from the time my husband enters the site and that he is require to be there at 08h30. Depending on where the site is, his travel time to get there (sometimes in his own car/ sometimes company van) changes from 30 minutes to almost 3 hours a day.

Legally is he entitled to extra pay for having to leave his home ealier and return later at the whim of where the work is based? Is this affected by whether he is in his own car or a company van?

He is a passenger with another colleague who does the driving. If he doesnt qualify for anything extra, does his colleague?

Thanks for the help
 
My husband works for a builder based in Kerry. The company has projects throughout the lower half of the country, and sets up bases near the work on a temporary basis.

They maintain that work starts from the time my husband enters the site and that he is require to be there at 08h30. Depending on where the site is, his travel time to get there (sometimes in his own car/ sometimes company van) changes from 30 minutes to almost 3 hours a day.

Legally is he entitled to extra pay for having to leave his home ealier and return later at the whim of where the work is based? Is this affected by whether he is in his own car or a company van?

He is a passenger with another colleague who does the driving. If he doesnt qualify for anything extra, does his colleague?

Thanks for the help

Was in made clear to him when he was interviewed for the job that variable amounts of travel times were the norm in his job? What is in his contract about hours of work, entitlement to overtime etc? If he hasn't a contract what is the practice regarding other staff doing the same job? What could have some relevance is the legislation addressing hours of work. See http://www.citizensinformation.ie/c...conditions/hours-of-work/hours_breaks_sundays

What or who decides whether he uses the company van instead of his car? Is he entitled in his contract to mileage payments? I can't see any relevance in who does the driving unless there is something in the job spec or contract about it.
 
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Based on an assumption that he is an employee, as a construction worker he is entitled to a traving allowance under the terms of a Registered Employment Agreement that is binding on all construction employers in the State (regardless of whether an employee is in a Union or the employer is a member of the CIF)- see:

"Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, 2006"

(it is available on the Labour Court web-site www.labourcourt.ie).

If he is not getting paid what he should he can make a claim to:

1: Labour Court re breach of a registered employment agreement (per s32 Industrial Relations Act 1946)
2: National Employment Rights Authority alleging non-compliance of the employer with Registered Employment Agreement (per s54 Industrial Realtions Act 1990)
3: Rights Commissioner for arrears in payment (per s 4 Payment of Wages Act)
4: Civil Courts re breach of contract
 
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