Wage Contract Issue

Reverbe

I started work today with a minor high street retailer who had not told me the salary at interview or when given job offer. While filling in paperwork/contract today I was told the salary was 5.93 per hr. I believe this is the national minimum wage (sadly) When I queried this and said the nat min wage was now more than that due to increase I was told to sign the form and things will be sorted out. I am not at all comfortable in having signed this as not only have i a signed contract for less than the legal minimum, surely this is clased as a legally binding document.

ceridwen

Hiya Reverbe:wave:

Congratulations on getting a job at last my lass.

My advice would be twofold:
- join the relevant Union promptly (ie USDAW - Union of Shop Distributive and Allied Workers) just in case

- I would imagine this employer will realise soon enough that NMW is now £6.08 per hour. So - in your position - I would take it that this is the figure you will get (at least) when your first paypacket turns up. DO check the number of hours x £6.08 to see if you are getting at least that.

If you find they pay you less than that - then just calmly and politely point out their "administrative error" to them. Chances are they will rectify this pretty quickly and thats that sorted (even if it wasnt an "administrative error" iyswim).

I would imagine your co-workers will be "on the case" to make sure their income goes up promptly in accordance with this - and you will just get "swept up" in that.

SarEl

An employer cannot pay less than the legally required minimum - and anything you sign to the contrary is not legal itself. Before you run off celebrating - that means that you cannot agree to be paid less than the NMW - the rest of it is perfectly lawful and you are stuck with it.

Reverbe

SarEl wrote: »

An employer cannot pay less than the legally required minimum - and anything you sign to the contrary is not legal itself. Before you run off celebrating - that means that you cannot agree to be paid less than the NMW - the rest of it is perfectly lawful and you are stuck with it.

I dont know what you mean by your further sentence- can you explain what exactly the rest of it and youre stuck with it means here?

Further to previous they do seem to be allocating me a lot less than the contracted hours stated at interview. Effectively tho dole office call 16 hrs plus "full time" to me that it less than half a job. My hours are meant to be 20 hours - effectively half a normal decent working week. My first week this week I have been rostered for only 17 and next week for 15!! This combined with the minimum wage means that I am barely better off than on dole. I am not sure where the legality/ standing is on them giving you less than contracted hours.

They also appear to be offering less than the norm regarding break times. You only get a break if you work over 6 1/2 hours. I have had several ppl who have worked in hr etc tell me the rules are 4 hours or so. Shifts are extremely gruelling in nature due to constant hectic pace of store and also heat so high it makes you feel dizzy as company will not pay for air con(nor apparently for cleaners as staff are expected to clean all areas of the store- if I had wished to clean id have become a cleaner who probably earn more per hr).Several times I have almost felt as if I was going to pass out and my legs go all weak and wobbly and I am in full health with no issues whatsoever.Had to leave till for a couple of mins to use loo one shift as could not wait any longer/til end of shift and was then harangued by other till member cos it took me too long to climb very high steep stairs to loo, go and come back and large queue had formed in my absence!

Bobl

You are entitled to a 20 minute break if you work 6hrs or over, and that includes any time you take for a lunch break, so they are perfectly legal. You should speak to your manager about increased hours.

Jarndyce

Bobl wrote: »

You are entitled to a 20 minute break if you work 6hrs or over, and that includes any time you take for a lunch break, so they are perfectly legal. You should speak to your manager about increased hours.

Minor point but it is 'more than 6 hours' not '6 hours or over'

Reverbe

Bobl wrote: »

You are entitled to a 20 minute break if you work 6hrs or over, and that includes any time you take for a lunch break, so they are perfectly legal. You should speak to your manager about increased hours.

It's not increased or extra hours but the hours that I am contracted for. What galls me in particular is manager has rostered me for less than contracted but has given other temp who started alongside me extra hours next week already after only 2 days there each:mad:

Reverbe

ceridwen wrote: »

Hiya Reverbe:wave:

Congratulations on getting a job at last my lass.

My advice would be twofold:
- join the relevant Union promptly (ie USDAW - Union of Shop Distributive and Allied Workers) just in case

- I would imagine this employer will realise soon enough that NMW is now £6.08 per hour. So - in your position - I would take it that this is the figure you will get (at least) when your first paypacket turns up. DO check the number of hours x £6.08 to see if you are getting at least that.

If you find they pay you less than that - then just calmly and politely point out their "administrative error" to them. Chances are they will rectify this pretty quickly and thats that sorted (even if it wasnt an "administrative error" iyswim).

I would imagine your co-workers will be "on the case" to make sure their income goes up promptly in accordance with this - and you will just get "swept up" in that.

Pay slip states that I have been paid only 5.93 the OLD rate.. is there some loophole that means for the first fortnight o f the new rate they can get away with paying me the old rate ie a LOT less per hr (which equates to a few quid extra a week)?

Jarndyce

Reverbe wrote: »

Pay slip states that I have been paid only 5.93 the OLD rate.. is there some loophole that means for the first fortnight o f the new rate they can get away with paying me the old rate ie a LOT less per hr (which equates to a few quid extra a week)?

No! The new rate applied from 1 October 2011 and unless you are under 21 or on an apprenticeship that is what you should be paid from that date.

Raise it politely with your manager/payroll people in the first instance.

Reverbe

Thanks Jarn. I didnt think it was right. TBH it sounds like peanuts but when on NMW in a half a job where you are treated like crap and have bad working conditions its a LOT.