aRE WORK TAKING THE PI**?

[thegubner]

A quick query for any who knows?


I work a 55 hour a week, 10 hours a day from monday to friday and 5 hours on a saturday.

No problem with this what so ever, but for the bank holiday, we only get paid 8 hours money.

If we book a holiday, say two weeks, we only get paid 8 hours a day for it, and the saturday's do not get paid. So, they are paying 40 hours a week's money for a holiday despite the fact that we do a 55 hour week.

We do not get any overtime rates over 40 hours, 55 is our basic working week.

Are they allowed to do this?

Should they be paying us overtime rates over 40 hours?

I was thinking that we should either get our full hours money for our holiday's or time and half after 40 hours of work.

Does any body know the law, tried having a search but could not find anything.

Cheers in advance,

Andy.

[lllN30lll]

i'd reply but too busy pissing myself over your mates backflip in your sig.
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Turbo R1
CRF450R

[LeeR]

There is no legal obligation for an employer to give you a bank holiday as paid leave. There is therefore no legal obligation to pay you anymore than the standard rate of pay if you are contractually obliged to work a bank holiday. It would however be nice if an employer would give you the holiday, pay double-time if you work it, and give you time off in lieu to replace the lost day. The current government are working on a change in the law to make bank holidays compulsory leave, this is more to do with agency staff getting 20 days leave per annum, but then being told that the 8 bank holidays are included in that amount, so in real terms 12 days leave. You're situation sounds poor but if you signed a contract to that effect then I'm afraid that's the way it is, unless you have representation to negotiate a change of contract or policy, see: Working Hours and Time Off
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My claim to fame: Austin Vince nicked my pen...

[thegubner]

What I dont get is, if we are on holiday, then our holiday pay is 40 hours money, but we do 55 hours basic.

If they are saying that 40 hours is our basic money, then shouldn't the extra 15 hours be at overtime rate?

I have not signed a contract.


It even says on that site you kindly linked, that you get paid your normal money when on holiday.

[Mister James]

I believe that 40hrs is the most you can be made to work under the Working Time Directive - any more than that has to be at your consent, and is effectively overtime. For example, I work an (average) 44hr week, and had to sign to say I waived my rights under the WTD and was happy to work the extra 4 hours. I get paid 1.5 times my usual rate for those hours - although that obviously isn't compulsory under the law.

I'm guessing that your company is technically correct in what it's doing, I suspect that they are writing off the extra 15hrs a week as overtime - but just not paying you a higher rate. They would argue that they are paying you full pay for your holidays - just not the oxtra dosh from the 15hrs overtime you work every week.

Looks like a bit of a shitty deal for you though....
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>Soultrader Mister James, I bet you are a copper
>Bazza Wow. Eyes like a shithouse rat, you...

[binge]

Im in a similar situation at work at the moment and ready to leave.

Our Depot has never opened Sundays.
So my 5 day week consists of 5 X 10hour days.

We have been told we must open Sundays as of September 1st.
A Sunday is 10 - 4, A 6 hour day. We each have to work 2 in 4 Sundays per month.

So rather than working a 50 hour week, We are only working 2 46 hour weeks per month, and 2 50 hour weeks a month. Loosing pretty much a days pay at the end of the month now.

So although we have just had a 3% pay rise (WOOO FUCKING HOOOO 3%), I will be loosing more than that 3% due to the new working hours.

Pathetic, So ill be dropping like £50 a month. Doesn't sound a lot, but its not on.

[Kwaks]

Definately sounds like they are classing the extra 15 hrs per week as overtime paid at normal rate.

If you can afford to the course of action is to simply work to rule, ie do your 40 hrs contracted per week until such time as they pay your average wage for your holidays or they get rid of you ( then hit the tribunal trail).

Depends how aggreived you feel, and whether others will follow your lead. Not nice to stick your head above the parapit but they are definately playing with a stacked card.
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Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!!

[Walloper]

You're just in the door and you're ready to walk out?

You should know the rate of pay before saying yes.

If you have issue with it ask the employer.
If he/she tells you to fuk off.

Take his/her advice.

Go get another job.

(Want to borrow my Tee Shirt?)

Or sit down and shut the fuk up!

Really some folk.....????

As stated above.
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W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[Skudd]

Perhaps they think that it takes you 55 hours to do what most will do in 40 hours.

Mind you they could take any damage to equipment that you do out of your pay. How much is it now ?
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[gadfium]

Dude, get a decent job. You choose to work there

End of story.
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Those who risk nothing, do nothing, achieve nothing, become nothing.

[thegubner]

Yeah, I get the job thing, I aint whinging, I'm just asking if any knows the law, before I go in the office and complain.

[Walloper]

[LeeR]

I got shafted on this one a few years ago, but over sick pay. I'd worked an hour extra each night to keep production going before the twilight shift started around 1800. I'd then been ill on the Thursday, so ill in fact that there was no way I was going into work, Friday I felt a little better and as it was pay day I went into work. Well my wages were just the basic, no overtime at all, the technicality was that although I was contracted to work 40 hours and they'd paid my sick day, because I hadn't "worked" 40 hours I wasn't entitled to overtime. It was the last time I helped out, and I left to do a degree shortly afterwards, I don't "do" shit jobs anymore.
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My claim to fame: Austin Vince nicked my pen...

[rsooty]

If you dont like bad hours whatever you do, dont join the Army. Lol
The last exercise I was on was for 3 weeks in Poland as a vehicle mechanic. Out of the 3 weeks I did 1 shift of over 72 hours non stop (Apart from a few meals), 2 or 3 50+ hour shifts and numerous 36 hour shifts. All that for £50 per day... Pretty crappy eh?
Never mind... I'm out in March, time to join a union I think. Lol
Sooty

[thegubner]

The hours are fine, I am trying to find out the legalities of the pay.

[Walloper]

[thegubner]

I rated that as helpful, then looked.

All I can find is credit stuff on there.

[thegubner]

That was helpful actually, basically I dont have a leg to stand on, if the company don't agree to pay it in the contract (if I ever get one) then they dont have to.

[LeeR]

They sound appalling, who do you work for?
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My claim to fame: Austin Vince nicked my pen...

[lllN30lll]

McDonalds.
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Turbo R1
CRF450R

[yambabe]

Your company are taking the piss, but luckily for you the thing they have done that makes them think they have one over on you could actually backfire on them.

Firstly, even if they don't give you a full contract of employment they HAVE to give you a written statement of terms that includes contracted hours, pay and agreed holidays.

Secondly, thet don't HAVE to pay you for Bank Holidays over and above your normal annual leave but if they do so it should be clearly stated in your terms.

So, what they SHOULD have done is given you a contract that stipulated that your working week was 40 hours but that any overtime worked would be paid at plain rate. That way they can legally get you to work 55 hours a week and only pay you 8 hours for a holiday as that matches your contractual terms.

BUT they should also have got you to sign an opt-out from the WTD as described above my Mister James, except that the maximum working week hours are 48 not 40. If you haven't then they cannot ask you to work more than 48 hours per week and in fact are acting illegally by asking you to work 55.

So here's their mistake. If they haven't given you a written statment of terms then you have an implied verbal contract of employment, and in employment law something called "usual practice" kicks in. When the WTD came in in 1998 it covered two main areas, working hours and holidays. Regarding holidays the rules were that you should be paid at your contracted rate. If you don't have a written contract and your "usual practice" is to work 55 hours per week then 55 hours are your contracted hours and your holiday should be paid based on 55 hours. If they try and get round it by saying that your hours are variable or you don't work to a regular contracted hours then the legislation says they should be paying your holidays based on your average daily rate calculated over the last 13 weeks.

HTH.
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Sod falling in love, I wanna fall in chocolate.

[Walloper]

I have heard/read enough.

Right Brothers and Sisters, everyone down tools and sort out picket duties, then let's hit the street.



Anyone fancy nippin' into the pub for one 1st?
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W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[thegubner]

leeR I work here, in the quarry part (known as the recycling centre?? on the website) https://www.offertonsandandgravels.co.uk/



Babyyam, that was really helpful thanks, got a link for me to give to work when they question it?


Cheers people,

Andy



PS-: walloper, I'll have a quick one with ya, but what about the beer?

[ZRX61]

[thegubner]

Cant see why not, I have not been slanderous, or told porkies, just the way the pay system works, if anything its a bit of free advertising.



Oh you mean cos any twat can just turn up?

Well guess what? They can anyway.