employment : overtime query

akeem1314

Stevie_Palimo wrote: »

Don't do the overtime then if your not keen on the rate you get, I am sure others within the same place of employment will be more than happy to oblige, Anything above the standard rate of pay for overtime is a bonus so you could cause a rift by bringing this up and then not be offered anymore again.


However that said if you have a contract that states different then bring it up, Be aware that if you do this the above can apply and while it should not do so some employers would see as you a trouble maker and not want to offer anything on top of the standard hours.

Yeah I understand the top paragraph and what you are saying

There is nothing in the contract that states overtime, only thing it says is overtime shall be paid at time and half

Stevie_Palimo

akeem1314 wrote: »

Yeah I understand the top paragraph and what you are saying

There is nothing in the contract that states overtime, only thing it says is overtime shall be paid at time and half

If that is the case and it states time and half then bring this up to the relevant person ie:- line manager, payroll dept or so on.

liney

akeem1314 wrote: »

There is no shift premium, stated in the contract

Ok, but do you work shifts and do people who do not get paid only £9.02?

akeem1314

liney wrote: »

Ok, but do you work shifts and do people who do not get paid only £9.02?

No straight shift

akeem1314

Just worked something out there between my higher rate and lower rate if i calculate it over the hours worked in the year, the lower hourly rate against the higher rate is 2516.22.

liney

What calculation are you doing?


The difference in what you think you should get and what you do get is £1.95ph - the figure you have come up with would mean you working 1290 hours of overtime in a year...

Derwent

Its purely down to holiday pay. For your standard hours you are paid at a rate that includes holiday pay, for your overtime hours you aren't.


For this example I will assume you work 40 hours per week (5 x 8 hour shifts) at £10.32 per hour.


So, you get £82.56 per day (8 x £10.32)


There are 261 working days in a year (365 days less 104 weekends)


So your standard pay is £82.56 x 261 = £21,548.16 or 2,088 hours x £10.32


However, the above includes 33 days holidays (25 plus 8 bank holidays)


Knock off 33 days x £82.56 (£2,724.48) from your standard pay and you get a figure of£18,823.68 on which to base overtime rates on


Therefore, £18,823.68 divided by 261 days = £72.12 per day / 8 hours = £9.02 per hour


Quite simply, your employer doesn't pay holiday element on overtime rates.

akeem1314

Derwent wrote: »

Its purely down to holiday pay. For your standard hours you are paid at a rate that includes holiday pay, for your overtime hours you aren't.


For this example I will assume you work 40 hours per week (5 x 8 hour shifts) at £10.32 per hour.


So, you get £82.56 per day (8 x £10.32)


There are 261 working days in a year (365 days less 104 weekends)


So your standard pay is £82.56 x 261 = £21,548.16 or 2,088 hours x £10.32


However, the above includes 33 days holidays (25 plus 8 bank holidays)


Knock off 33 days x £82.56 (£2,724.48) from your standard pay and you get a figure of£18,823.68 on which to base overtime rates on


Therefore, £18,823.68 divided by 261 days = £72.12 per day / 8 hours = £9.02 per hour


Quite simply, your employer doesn't pay holiday element on overtime rates.

I work 12 hr shifts, 1906 hrs a year. A working week is based on 42hrs

So if my employer doesn't pay entitlement on overtime rates is this perfectly legal

akeem1314

liney wrote: »

What calculation are you doing?


The difference in what you think you should get and what you do get is £1.95ph - the figure you have come up with would mean you working 1290 hours of overtime in a year...

£19708 per year divided by 52 = £379 divide that by 42 hours = £9.02 per hour

Savvy_Sue

It sounds as if we've got to the bottom of this, but ...

akeem1314 wrote: »

There is no mention in the contract that the overtime rate is at a lower rate.

I have worked there for nearly ten years, our contracts have recently changed to incorporate a new method of working.

So has the overtime rate changed recently?

akeem1314 wrote: »

So if my employer doesn't pay entitlement on overtime rates is this perfectly legal

Absolutely, depending on what you mean by 'entitlement', and it sounds as if what they are doing is absolutely legal.

Overtime can be paid at your 'normal' rate', with no enhancement at all. It can be paid at a lower rate than normal. It can be paid at time and a third, time and a half, double time or some random rate, and it can be paid at different rates at different times, eg Christmas Day, New Year's Day.

The key thing is: what does your contract say? If your contract says something different to what you're being paid, then you have an issue to raise.