Is there any way out of an overtime clause?

falko89

As you know from my previous post I'd rather not be there at all let alone a damn overtime clause, Of course this was never mentioned at the interview and only mentioned once I got my contract.

Of course I don't begrudge anyone a few hours here or there if things are busy etc or we fall behind, but the entire work load that's put out relies on overtime and its a min 2hrs extra 2 or 3 times per week.

And with my Open University course that starts in a couple of weeks which is a min 16 hrs per week I don't have the time, and Open Uni in my opinion takes precedent.

And even the general manner in which your asked pi$$es me off, 10 mins before your due to go home you get "You stay tonight" your told not asked "Can you stay" and in some occasions my Mrs is already waiting outside to collect me when I am told, so have to go and send her home and get her to come back in a few hours.

Wyndham

I didn't see your previous post, but I assume when you got the contract you read it through and thought about it before signing? And if you've signed up to this, then they can make use of that clause.

Sorry, probably not what you want to hear, but if you are not happy and determined to do your OU course, then I think you need to start looking for another job.

falko89

Wyndham wrote: »

I didn't see your previous post, but I assume when you got the contract you read it through and thought about it before signing? And if you've signed up to this, then they can make use of that clause.

Sorry, probably not what you want to hear, but if you are not happy and determined to do your OU course, then I think you need to start looking for another job.

Yes I read through it, but at the time I was unemployed, had I turned it down I'd of got a JSA sanction.

MissSarah1972

What does the contract say about over time? Do you get paid?

If a company is running its business on unpaid overtime in stead of taking on extra staff then I'd be concerned.

falko89

MissSarah1972 wrote: »

What does the contract say about over time? Do you get paid?

If a company is running its business on unpaid overtime in stead of taking on extra staff then I'd be concerned.

The contract says we are expected to do a "Reasonable" amount of overtime when required, I guess it all boils down to what's deemed "Reasonable" Yes we get paid, no problem there all be it at normal time, however rather than taking on extra staff they are relying on overtime to fulfil orders, I was talking to a co-worker about this, they tell me they did used to do this amount of work in the past however they had an extra 15-20 staff then, what seems to have happened is they had a bit of a staff clear out and put this clause in at the start of the year.

scooby088

The thing with reasonable amount of overtime is very subjective, i'd say at least 2 hours per week is more than enough, some may say none at all, some may say more. But it does all come down to what you think is reasonable to do. If you have signed the contract I think it would be very hard for you to turn it down.

falko89

scooby088 wrote: »

The thing with reasonable amount of overtime is very subjective, i'd say at least 2 hours per week is more than enough, some may say none at all, some may say more. But it does all come down to what you think is reasonable to do. If you have signed the contract I think it would be very hard for you to turn it down.

My thoughts exactly, I am at the stage now where I think saying no might be an option, I could end up getting sacked, but would that be such a bad thing? Its clear my job hunting efforts aren't getting very far and I am going to be stuck there a very long time if something doesn't happen.

falko89

K_P83 wrote: »

Would it be such a bad thing? Well other than going on your record as being sacked which i wouldn't expect would go down well with potential employers.

I'm in a similar situation:

"overtime will be EXPECTED from various departments. These departments will be EXPECTED to work overtime AS AND WHEN REQUIRED. The hours of work will be between 6:30am - 8:30pm".

Basically we are open 7:30am - 5:30pm to the public. Anything outside of this is basically tending to our own vehicles/orders for delivery.

If i do this minimum then by the end of Friday night, i will have done 47.5 hours of paid work (that includes subtracting 30 minutes per day for dinner).
We also work Saturdays. We used to have a nice Saturday rota, but now it's basically work-work-work with one off every blue moon. It means we're doing a MINIMUM of 56 hours per week.

I wouldn't mind doing just 2 hours overtime.

The thing is, if yours is like mine, then if i opt out of the 48hour week thing, then they will drop me to about 10 hours per week because they don't have to guarantee us 40 hours any more. Who can survive on 10 hours per week?

So it's basically do as your told or get out!!

Again - similar position, as it was either accept this or be jobless. We all need money coming in so i had little choice.

We did have one guy who decided to work to rule one time & constantly finished at 5:30pm ..... he didn't last long & was out of the company within weeks.

Maybe its just me, but I get the impression that these days employers can pretty much do as they feel because of the unemployment problem and the government are right behind them backing them, we're trapped basically.

MissSarah1972

falko89 wrote: »

Maybe its just me, but I get the impression that these days employers can pretty much do as they feel because of the unemployment problem and the government are right behind them backing them, we're trapped basically.

Or course they can do what they like. You either suck it up, speak out, or get another job and leave.

I know people doing 15 hours a week UNpaid which totals near on £10k loss in earnings.

falko89

K_P83 wrote: »

For the majority of it - yes they can do what they wish.

My boss (as in, my boss-boss, not just my manager) has let rip at me calling me all the names under the sun (as well as doing the same to others).

You read about it & he can't do that, but 1) who's going to side with me? They need a job too. Statistically we work with folk who wont speak out. and 2) what evidence do i have? So he can do it time & time again.

Another boss tried to drive a shovel into my foot one time. Thankfully i pulled my foot out of the way in time, but still.

Shy of violence actually connecting, there's not a lot you can do & even then i wouldn't be surprised if your boss got off scott free when he wallops you. Wasn't his fault you walked into a lampost or fell down the stairs etc.

There is very little you seem to be able to do - other than you can only make them play by the rules. It just delays their decision that's all, as instead of coming to you & saying you're sacked, they just go through the motions which takes a few days .... THEN you're sacked. Either way you're still sacked.

So you accept it or move on. What a great world it is.

Appalling really. I'm also getting abuse etc and took it to HR who basically told me to get over myself. The boss says he's not keeping anyone there, we can walk out if an when we want, and I guess he isn't, the government are.

sniggings

If this came in front of the human rights courts I can see the person winning.

The Government are in effect saying you have to sign a contract even if you agree with the terms or not, or we will stop all your money! seems to me that a human right is food and the right to agree or disagree to a contract.