Contracted Vs Rostered Hours advice sought :)

planning303

Hi All,

I've been given the nudge about a new job at my work, the manager wants me in the position so i went to HR to find out how the pay / roster / contract works.

What i found out is dodgy at best:

You are contracted to 37.5 hours per week (excluding breaks)
You are rostered to work 45 hours per week (excluding breaks)

Your salery is worked out against the contracted hours and you can claim not time back against the overtime worked and you recieve no overtime payment for the extra hours work.

So my hourly rate would go down despite recieving a pay rise!!! :mad:

They claim that they can enforce this because the contract says that "reasonable overtime is expected to be worked".

I've pointed out that there is a world of difference between "reasonable overtime" and scheduled working hours as they are actually planning months in advance for you to be working exessive hours to your contract.

I asked them what would happen if i didn't turn up on day 5 after having completed my weeks contracted hours and they have said that i would be disciplined and would eventually lose my job.

From a legal point of view can someone be fired for working to their contracted hours and no more, if this went to an employment tribunal would it be as clear cut as i would hope?

Any opinions are welcomed

paulwf

Seems like you have a choice to make...do you want to take home more money and work longer hours or remain as you are? Only you can decide what is best for your work life balance. I don't think you can really take the job then kick up a fuss as they have explained fully what the situation is.

From what I can tell you still get full sick pay and holiday pay...that may be something to clarify with them.

It seems like a daft way of calculating things...not sure why they don't just work it out on a 45 hour basis...but as long as it is still above min wage I think you just have to decide what is right for you.

getmore4less

You are contracted to 37.5 hours per week (excluding breaks)
You are rostered to work 45 hours per week (excluding breaks)

Your salery is worked out against the contracted hours and you can claim not time back against the overtime worked and you recieve no overtime payment for the extra hours work.


can you clarify do you get time owing or not for the extra hours?

planning303

Yeah sorry, lacking typing skills

To clarify, you can not claim time worked in excess of contracted hours back.

I agree with you paul there is a lot to think about, just seems crazy to bother writing a contract that is stating 37.5 when they could just employ me on 45 hour contract and have me working 0 overtime

getmore4less

Typos, I do it all the time and go back and fix them if they make the post clearer.

If they are allready rostering 45 hours on a 37.5 hours contract I would show no interest in the job and stick with what you have allready.

I would say that compulsory regular overtime without pay or time owing is not reasonable so I wont be doing it.

Problem is if your boss wants you to do the job you will find out how keen/nice he really is.

See if he backs you for proper terms for this role.

I think you have to do this before you start because once you accept there is no going back 45 is now reasonable and more might be expected.

I would want clearer guidlines on what is reasonable on a daily weekly monthly basis, before pay or time owing kicks in.

Savvy_Sue

the other thing is that if you took a week's holiday, you would only be paid for contracted hours ...