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Over contracted hours

The company I work for expects you to work over your hours when needs be and deosn't pay overtime. Some weeks we are sent home early (2 hours normally) because we have finished the work, surely it's wrong they don't pay for the extra hours we do.

Last month one of my workmates worked over his contracted 40 hours by Thursday, he was off sick on the Friday. The following week, because the wages are worked out by 8 hours a day they only paid him for 32, taking 8 off for the sick day. Again surely this can't be right?
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Comments

  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What does the contract say about the ot and sick pay,
  • Not got a contract to hand. Regarding the hours, I know the contract gives us a starting time but not a finishing time and thats where they get us. When we complain about working 11 hours on a tuesday say, they come back with "your contract says 40 hours, not 8 to 5". It all seems very one sided..
  • Sambucus_Nigra
    Sambucus_Nigra Posts: 8,669 Forumite
    Not got a contract to hand. Regarding the hours, I know the contract gives us a starting time but not a finishing time and thats where they get us. When we complain about working 11 hours on a tuesday say, they come back with "your contract says 40 hours, not 8 to 5". It all seems very one sided..

    In that case, all go home after the 40 hours each week is up.

    How long have you been there?
    If you haven't got it - please don't flaunt it. TIA.
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    Not got a contract to hand. Regarding the hours, I know the contract gives us a starting time but not a finishing time and thats where they get us. When we complain about working 11 hours on a tuesday say, they come back with "your contract says 40 hours, not 8 to 5". It all seems very one sided..

    unfortunately it isn't one sided. A contract is a mutally agreed document and when you signed it you agreed that they were acceptable terms.
  • an9i77
    an9i77 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Can you put in a grievance - pref a collective one, safety in numbers and all that
  • unfortunately it isn't one sided. A contract is a mutally agreed document and when you signed it you agreed that they were acceptable terms.

    No problem about doing 40 hours, it's when they expect us to do over those hours for no extra money.
  • chipmunk
    chipmunk Posts: 529 Forumite
    My husband is 'contracted' to do 37.5 hours per week but 'additional hours may be necessary according to the needs of the business'.

    He is salaried, doesn't get paid overtime and for the past 8 months or so has been averaging 90 hours/week.

    He needs a job, they know he needs a job so whaddya do :(
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    The company I work for expects you to work over your hours when needs be and deosn't pay overtime. Some weeks we are sent home early (2 hours normally) because we have finished the work, surely it's wrong they don't pay for the extra hours we do.

    Last month one of my workmates worked over his contracted 40 hours by Thursday, he was off sick on the Friday. The following week, because the wages are worked out by 8 hours a day they only paid him for 32, taking 8 off for the sick day. Again surely this can't be right?

    Firstly the sick day - yes it is usual not to be paid if you are off sick.
    Regards to the being sent home early - do you get paid still? If you do, you don't really have a leg to stand on complaining about not being paid for overtime unless it works out at more than the hours you're at home on pay.

    If you don't get paid for the hours where you are sent home early, it depends on what is stated in your contract as to whether or not you get paid.

    In regards to overtime, there is no right to paid overtime unless it means that the total weekly wage / number of total hours worked means your hourly wage is less than national minimum wage.
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    Not got a contract to hand. Regarding the hours, I know the contract gives us a starting time but not a finishing time and thats where they get us. When we complain about working 11 hours on a tuesday say, they come back with "your contract says 40 hours, not 8 to 5". It all seems very one sided..

    So if your contract says 40hrs a week, then you have no leg to stand on. That 40hrs can be 2x11hr days and three x 6hr days. On those 11hr days you'd not be entitled to overtime. Only once you'd done 40hrs would you get it - I know of many haulage companies who work this way - standard rate for the first 40hrs regardless of the hours worked per day and then overtime after that.
  • LudaMusser
    LudaMusser Posts: 251 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    If your contracted to 40 hours a week do 40 hours then go home. If you`ve done 40 hours by the end of thursday don`t come in on friday.
    I`m contracted to 40 hours a week (five, eight hour days) Anything over the eight hours is overtime which is time and a half. Not everybody wants to do OT so some people just go home instead of work OT and the company can't/don't do anything about it.
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