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Author Is this legal ?
JadeM
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Registered: 9th Feb 06
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30th Oct 06 at 08:29   View Garage View User's Profile U2U Member Reply With Quote

My mum has just started a new job with a large Local Authority. She is supposed to work 36 h.p.w. This is a newly created post, and some hic-ups were anticipated to get it off the ground, so at the interview she was told that to get it up and running she may have to work over her hours, which she agreed too.

She has been in the post 3 weeks now, and because of a shortage of staff she has been working well over her hours for the past 3 weeks ( 81 hours in the 1st week) She has now been told this might go on till Christmas. The thing is she isn't getting paid ANY overtime, only her 36 hours. Is this legal, because she did agree to work extra at her interview?

gianluigi
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30th Oct 06 at 08:37   View User's Profile U2U Member Reply With Quote

if you work beyond contracted hours, you're entitled to over time or days off in leiu.

although as she's just started she may be on a probation period, where there may be clauses that say they expect her to work beyond 36 hrs if needed
mav
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30th Oct 06 at 08:38   View User's Profile U2U Member Reply With Quote

Even though agreed you still have to be paid for the extra unless she agreed to do the hours with no pay..

that amount of hrs is illegal though unless she signed an opting out form...I think.
gianluigi
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30th Oct 06 at 08:40   View User's Profile U2U Member Reply With Quote

http://www.incomesdata.co.uk/information/worktimedirective.htm
nickyboy01
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30th Oct 06 at 09:18   View User's Profile U2U Member Reply With Quote

So shes working nearly 50 hours extra a week for nothing, dont mean to sound rude but what planet is she on??

Probationary or not over your hours is either overtime of extra time off
Steve
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30th Oct 06 at 09:39   View Garage View User's Profile U2U Member Reply With Quote

women seem to allow this kind of thing to go on, my GF regulary works a couople of hours extra a night, i ask WTF shes doing and she says she had a lot to catch up on

im like if it was me i would be tough, iv done my hours work can wait.

girls seem to make there work at work the main priority in there life
mwg
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30th Oct 06 at 09:42   View User's Profile U2U Member Reply With Quote

Yeah my Mum sometimes brings home work and does it at home even though she isn't getting paid for it.

She says she has catching up to do. I say tough if its not done when its time to go home it can wait till the next day or they can pay me overtime to work late. Fuck working in my own time for free.

Also gf used to do a bit of work at home sometimes. Madness.
--Dave--
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30th Oct 06 at 09:43   View User's Profile U2U Member Reply With Quote

girlfriends does the same, works long hours and never takes the full hour for lunch. I tell her she needs to stand up for herself a little bit more but she never does.
jmucorsasport
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30th Oct 06 at 09:47   View User's Profile U2U Member Reply With Quote

If she is working over 60 hours a week there is a legal document she has to sign, i had to do it when i was in recruitment... If she hasnt, then she doesnt have to work anymore than her contracted hours i believe...
Steve
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30th Oct 06 at 09:49   View Garage View User's Profile U2U Member Reply With Quote

women should only be ordered around by there boyfriend/husband
mwg
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30th Oct 06 at 09:50   View User's Profile U2U Member Reply With Quote

chained to the kitchen sink IMHO
Ally
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30th Oct 06 at 10:17   View User's Profile U2U Member Reply With Quote

Sounds alot like my mums situation Jade, shes a manager within the NHS and is contracted on the normal 37.5 hr working week, yet works on most nights and must knock up 50+ hours a week

Yet she says - she has too much work, but wtf - u are paid to be there for 37.5 hours, if u work ur ass of within that time and u still cant get your work done then theres a problem somewhere!

I think, you cant work any longer than a 48 hour working week which is calculated over an average of X weeks.
She needs to read over her employment terms and conditions and find any info regarding overtime, my contract states my over time is unpayable... so i dont do any
RyanSxi
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30th Oct 06 at 10:23   View User's Profile U2U Member Reply With Quote

my gf is same as mentioned above, does work in her own time, exta unpaid hours, doesnt take full lunch breaks.

sill women
Dan B
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30th Oct 06 at 10:29   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ally
I think, you cant work any longer than a 48 hour working week which is calculated over an average of X weeks.

It's over 13 weeks, I believe...
Ally
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30th Oct 06 at 10:48   View User's Profile U2U Member Reply With Quote

Its 17 for the road transport directive, thats the only one im clued up on

Although saw this -

Article 6 - Maximum weekly working time
Member States shall take the measures necessary to ensure that, in keeping with the need to protect the safety and health of workers:
1. the period of weekly working time is limited by means of laws, regulations or administrative provisions or by collective agreements or agreements between the two sides of industry;
2. the average working time for each seven-day period, including overtime, does not exceed 48 hours.
Scoty B
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30th Oct 06 at 13:05   View User's Profile U2U Member Reply With Quote

If she'e salaried she's screwed.
Pablo
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30th Oct 06 at 13:07   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by mav
Even though agreed you still have to be paid for the extra unless she agreed to do the hours with no pay..

that amount of hrs is illegal though unless she signed an opting out form...I think.
w4sam1
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30th Oct 06 at 13:11   View User's Profile U2U Member Reply With Quote

If you are paid sallary ie: you dont get paid by the hour you get paid by the year then yes this is legal any over time you work you dont get paid for. If not though and she is paid by the hour then she should get paid overtime.
Ant
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30th Oct 06 at 14:10   View User's Profile U2U Member Reply With Quote

I work in retail and its like that every week (well i do on average 50 hours per week) many managers are in that position, comes with the job its shit i hate it but have no other real skill.
JadeM
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30th Oct 06 at 15:42   View Garage View User's Profile U2U Member Reply With Quote

She's on an hourly rate. Because she verbally agreed to work 'a bit' extra to get things going she feels bad about asking to get paid for the extra hours she's put in. They have told her she may be expected to keep this up until Christmas
Colin
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30th Oct 06 at 15:44   View User's Profile U2U Member Reply With Quote

Totally unacceptable, they have basically created 1 post out of 2 & expect your mum to cope with the full workload. I would see a trade union rep if she belongs to one??
Colin
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30th Oct 06 at 15:45   View User's Profile U2U Member Reply With Quote

Bloody council & their cost cutting
JadeM
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30th Oct 06 at 15:46   View Garage View User's Profile U2U Member Reply With Quote

She's a member of Unison, but you know what she's like far too soft !!

[Edited on 30-10-2006 by JadeM]
City
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30th Oct 06 at 15:46   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Steve
women seem to allow this kind of thing to go on, my GF regulary works a couople of hours extra a night, i ask WTF shes doing and she says she had a lot to catch up on

im like if it was me i would be tough, iv done my hours work can wait.

girls seem to make there work at work the main priority in there life


just sounds like my girlfriend thinks nothing to working an hour or so over for nothing
Colin
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30th Oct 06 at 15:56   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by JadeM
She's a member of Unison, but you know what she's like far too soft !!

[Edited on 30-10-2006 by JadeM]


Tell her Colin says to phone the Unison people

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