Overtime contract confusion

SapphireFlames

I was verbally offered a job 2 weeks ago and the full contract arrived on Friday. I have until this coming Friday to read through it, sign it and return it.

Most of the terms and conditions are similar to those at my old company, but there is one thing I'm a bit confused about.

In my contract it says I'm expected to work 37.5 hours a week, but it also says "It is expected that you will work such additional hours as are necessary for the proper performance of your role and the needs of the business for which you will receive no additional payment."
Is an employer allowed to include your overtime pay within your basic salary, as opposed to paying you for overtime hours on top of your basic salary?

This seems a bit strange - in my old company (which was also a salaried position), if you did 5 hours overtime on top of your standard hours, you would be given 5 hours' extra pay, which would be added to your pay the following month. However, in this new company, it sounds like you wouldn't be paid any extra for those 5 hours - you would still get the same basic salary.

I suppose an employer can get away with this by saying that they are paying you to complete the work, and not for the actual hours you do. Is this correct? If that's the case, what's to stop an employer hiring someone to work 37.5 hours a week, but then making them do, say, 60 hours a week?

Mudd14

Its a common thing that are in most contracts that i am aware of. In other words if you cant fulfill youre roll in your normal hours you are expected to work the extra.

With regards to 37.50 contracts and then working 60 this would obviously never happen. I think the contract simple means you may be required to work extra 30 minutes if required and the business needs dictate it.

In most cases though it shouldnt happen.

Sharon87

It depends if it's a wage of salary. You said salary, so I assume you're agreeing to pay per year, rather than pay by hour.

Most employers will let you have time off in leiu (sp?), meaning if you work overtime you may have some time off another time. Overtime is something that can't be avoided some times. My managers at work always leave late, and they don't get paid any extra.

SapphireFlames

Yes, it's pay per year rather than pay by hour, same as in my old job. The reason I found that clause in the contract a bit alarming is because it's different to that in my old company.

Just out of interest, the equivalent clause in my old company's contract says: "You will be expected to work a 35 hour week... You may, however, be required to work additional hours to enable the satisfactory completion of your work. In these circumstances you will receive either credit under the flextime system in place, if applicable to your job, or be paid overtime at the current rate."

blckbrd

Is the new job a management role while the other wasn't. The line you quote is often in manager's JDs

Apolonation

Thats amazing. I would never take a job with that condition.

honeypop

That clause has been in every contract I've had, so I'd say it's pretty normal.

As already said, you should only be expected to work an extra half hour or so here and there to get things finished sometimes, if it's much more than this then either they are being unrealistic in your workload, or you have poor time management.

Fluffi

SapphireFlames wrote: »

This seems a bit strange - in my old company (which was also a salaried position), if you did 5 hours overtime on top of your standard hours, you would be given 5 hours' extra pay, which would be added to your pay the following month. However, in this new company, it sounds like you wouldn't be paid any extra for those 5 hours - you would still get the same basic salary.

Yes - an employer doesn't have to pay you overtime and if you work any extra hours whether its 5 or 15 you aren't entitled to any extra pay.

Personally I don't think this is that strange - no-one gets overtime at my workplace regardless of whether they are an administrator or a manager and there is no-time off in lieu either apart from in truly exceptional circumstances. For example you might be allowed to finish early on Friday if you worked Sat & Sun the previous weekend.

That said I like where I work and the no overtime policy encourages you to work efficiently and not make mistakes!

SapphireFlames wrote: »

I suppose an employer can get away with this by saying that they are paying you to complete the work, and not for the actual hours you do. Is this correct? If that's the case, what's to stop an employer hiring someone to work 37.5 hours a week, but then making them do, say, 60 hours a week?

Nothing - although if an employee thought it was unfair and they could get more pay for the same work or less hours for the same pay then they would resign and find another job. In some jobs 50+hrs a week are expected and the salaries reflect this - its easier than getting the employees to fill in overtime forms every month.

[Deleted User]

It's standard for council contracts. When on a 36hr contract many people work 40++ hours, managers many more for no extra pay. You get time off in leiu or use flexi. I've never been paid overtime despite consistantly working over hours every week. But then I can get additional days leave with toil.

mikey72

Standard for most manager types jobs I've been in as well. Ok if you're good at delegation.

rupee99

There are two caveats, firstly the number of hours worked cannot exceed the amounts laid down in the Working Time Regulations (basically 48 hours per week, subject to certain measurement conditions) and they cannot, when divided into your salary bring the wages below minimum wage.