Unfair working conditions?

flossy_splodge

Can someone clarify what rights a worker is left with if given the ultimatum that they sign a waiver re Working time directive or they don't get the job; then are routinely expected to work a 60, 70hour and sometimes more working week (having been told their 'normal' week will be 48 hours). They are expected to accept being called in on a day off etc. Last holiday year they 'had' to lose their holiday as the manager took hers and that left insufficient time in the calendar for this person to fit their own holiday in. They are supposedly at managerment level which means no overtime or additional pay ever.
You get the picture.
It incenses me that just because we are living in the financial situation we are in, employers can make slaves out of workers and the worker is too frightened to do anything as they are afraid of losing their job.
It cannot be right for this stuff to be happening.

SarEl

Even after signing an opt-out there are still provisions of the Working Time Directive that apply. And an employer cannot refuse to allow employees to take their legally annual leave - they can refuse to allow it at certain times, they can dictate when it must be taken - but they must allow the entitlement to be taken. But the answer is in your own post - if you are too frightened to do anything like standing up for your rights then there is nobody else who is going to do it for you. Even if you were to join a union, they cannot go in and say "someone has complained that they can't take their holiday but we can't tell you who". It may not be right for this stuff to be happening - in some cases it certainly isn't - but you cannot expect any change unless you are willing to do something about it.

ceridwen

Am I right in thinking that a worker can unilaterally revoke an "opt out" of the Working Time Directive later?

I have the feeling I've read somewhere that someone who has been blackmailed into signing the opt-out can subsequently tell the employer that they will now be abiding by this Directive from here on in.

Certainly re holidays - there is absolutely no way an employer can deny an employee their paid holidays these days - as the law specifically states "a minimum of 28 days paid holiday per year" (to include Bank Holidays).

SarEl

Yes you can revoke an opt-out - although I think you have to give three months notice (can't quite recall the details right now). But that still requires the employee to do it. There are no superheroes who do it for you.

flossy_splodge

i understand the ire in your responses SarEl but the person in question is quite young, has massive debts they are trying to resolve and has quite horrid personal circumstances they are currently dealing with.
Thank you for your responses, I wish it were always as simple as 'just do it'.
If this person were to lose their job the fall out could be horrendous. I think a little more understanding and compassion could help along with some real options to deal with poor employers of which there are many.
I know, I suffered under one myself until quite recently. My employer was quite horrendously rude to me in front of other employees and when I asked them not to do so, they told me to leave. So life is not always rosy and easy. I WILL always stick up for myself AND accept the consequences but the employer seems to have the upper hand in so many instances.
Thanks anyway.:o

flossy_splodge

ceridwen wrote: »

Am I right in thinking that a worker can unilaterally revoke an "opt out" of the Working Time Directive later?

I have the feeling I've read somewhere that someone who has been blackmailed into signing the opt-out can subsequently tell the employer that they will now be abiding by this Directive from here on in.

Certainly re holidays - there is absolutely no way an employer can deny an employee their paid holidays these days - as the law specifically states "a minimum of 28 days paid holiday per year" (to include Bank Holidays).

Presumably it is now too late for this person to do anything about last year?

SarEl

flossy_splodge wrote: »

i understand the ire in your responses SarEl but the person in question is quite young, has massive debts they are trying to resolve and has quite horrid personal circumstances they are currently dealing with.
Thank you for your responses, I wish it were always as simple as 'just do it'.
If this person were to lose their job the fall out could be horrendous. I think a little more understanding and compassion could help along with some real options to deal with poor employers of which there are many.
I know, I suffered under one myself until quite recently. My employer was quite horrendously rude to me in front of other employees and when I asked them not to do so, they told me to leave. So life is not always rosy and easy. I WILL always stick up for myself AND accept the consequences but the employer seems to have the upper hand in so many instances.
Thanks anyway.:o

This isn't ire - it's facts. There isn't anyone who will do the job of doing it for you - whatever your age, gender or other factors, the only person who can stick up for you is yourself. Unions or others can help but they cannot do it and so there is no point in expecting it to happen. I am not saying that it is as simple as "just do it" - I am saying that there is no other option.