Unpaid overtime

mr-x_7

I work in the retail industry and am being forced to work 50-55 hours p/w which pushes me below the minimum wage. My question is though the hours that I am working are being wiped out during the scheduling stage to adhere to the costing. So the system then reports on me working my normal hours. Is this legal - wiping off 12-17 hours overtime from the record?

Louise22

Why on earth are you working for these charlatans?! Its not a question of whether or not its legal (which I am not sure, sorry) but a question of you working yourself into the ground for nothing! A terrible way to treat staff.

How can they force you do to overtime, just to be curious?

generaloneill

Its against the law to work over 48 hours a week, isn't it?

shellsuit

generaloneill wrote: »

Its against the law to work over 48 hours a week, isn't it?

no, OH has just done 103 hours, from last friday till last night :eek:

OP, i wouldnt work the extra if i wasn't getting paid for it!

underlay_guru

When I was younger I worked for a supermarket on a 8 hours per week contract, but I actually worked in excess of 40 hours per week for the best part of 4 years. For some sinister reasons, I guess, they would never give me a full time contract, but plodded on because I needed the money........I once did a full day shift (11am-8pm), then a night shift (8pm-5am, the area manager came in, and ordered an overnight deep clean of the full shop), then an early day shift again (7am-4pm)......This worked out at a colossal 29 hour shift with a 2 hour break inbetween.

They also tried to get me fired for many trivial reasons, but their a*r*s*e*s dropped when I got a trade union involved and eventually backed down. It was a great pleasure when I handed in my notice, and they had no-one trained up to run my department..the sh*t well and truly hit the fan with head office!

Shall I name and shame the culprit shop??

Delboy24

You have a legal right to be paid for the work you have completed, this is in effect a breach of the minimum wage and cost accounting to drive down the costs of employment to the business.

I would refer this to the Inland Revenue for investigation, in terms of your contract it is based on average of 48 hours maximum based on a average basis - unless of course you have chosen to opt out in writing.

This may be more of some help in respect of your rights under the Working Time Regulations:

Summary of Rights
The basic rights and protections that the regulations provide are:
1. A limit of an average of 48 hours a week which a worker can be required to work.
2. A limit of an average of 8 hours, work in 24 which "night workers" (as defined) can be required to work. More stringent rules apply to night workers who undertake work which involves special hazards or heavy physical or mental strain.
3. A right for night workers to receive free health assessments.
4. A right to 11 hours, rest a day.
5. A right to a day off each week.
6. A right to an in-work rest break of at least 20 minutes if the working day is longer than 6 hours.
7. An obligation on employers to keep records showing that the limits on working hours are being complied with, and to ensure that such records are retained for two years from the date on which they are made.
8. A right to 5.6 weeks' paid holiday a year (as at 1 April 2009)
The regulations also provide enhanced rights for young workers aged between 16 and 18 as follows:
1. A right not to work at night between the hours of 10pm to 6am or 11pm to 7am.
2. A right not to work more than 40 hours a week and over 8 hours a day.
3. A right to 2 days off each week.
4. A right to an in-work rest break of at least 30 minutes after 4.5 hours of continuous service.

As mentioned above, the regulations do allow a degree of flexibility, and certain rights may be modified or excluded by written agreement. This facility is particularly useful in the context of the 48 hour week, where both you and the worker are willing to increase or exclude the limit on working hours.

LittleVoice

Delboy24 wrote: »

7. An obligation on employers to keep records showing that the limits on working hours are being complied with, and to ensure that such records are retained for two years from the date on which they are made.

Thanks for the summary.

I know that your point 7 was in the original legislation but I thought that no longer applied because it meant that a record of every employees actually worked hours had to be kept rather than assuming that they worked according to their contracts and keeping opt-out forms where they had been signed.

Delboy24

Would take the view it is merely interpretation, records will be kept through the statutory payroll records anyway tying back to the assumption of contracted hours, opt-out forms are definately required for audit records.