Legalities with Salary...

minardifans

Hi there, I currently work in a shop and am salaried higher than the minimum wage. I'm contracted to 40 hours a week. If I work over my 40 hours stipulated in my contract am I legally entitled to time owed or more pay? I regularly work over my 40 hours on a weekly basis so my actual average hours over a week are 3-4 hours over what I'm contracted to do, yet the extra hours mean if I spread my wage over the hours it doesn't fall under minimum wage... Is this still legal?

ohreally

minardifans wrote: »

Is this still legal?

Yes```````

TBagpuss

Yes. If your total wage spread over your actual hours meant that it fell below minimum wage, that would be unlawful, but not otherwise.

You can of curse check your contract to see what it says about overtime, and can also speak to your employers to either try to negotiate a pay rise, or paid overtime.What does your contract say about your working hours?

minardifans

Well working hours is the point, my contract says I'm contracted to work 40 hours a week. No word about overtime etc. So in theory I could be stubborn and just work exactly 40 hours even though I'm expected to do more.

getmore4less

this is often one where you have to wean yourself out of the extras.

Especially if it is an expectation often done by stealth and because it's the done thing.

Unless opening or closing then become busy, got to leave on time today because of... start taking breaks away from the place of work if you don't already.

If there are jobs that need doing start them so you are done on time.

don't impact business like if the there are customers that need serving but call someone to take over once finished with the one you are dealing with.

If they are flexible with things like time off for appointments then you might want to maintain some good will if they are hardcore use holiday for tim off then more reason to be less flexible.

minardifans

It's more to do with

"Shop needs to open at x time" so he managers have to be there before that time to make sure it's ready to be open i.e. put the tills in etc.

The shop needs to shut at x time yet the managers need to stay behind to make sure the place is secure and the money put away.

So the time on the contract is 9am start, but you have to start at 8:30 every day or the shop would not be ready to open, and then you have to leave at 5:45 when your day should end at 5:30 to cash the tills off. So you have 45mins every day added on to your contracted hours which over the course of a year adds to one hell of a lot of unpaid hours. It really shouldn't matter if your salaried if your contract says 40hrs yet your doing more every week.

I mean 45mins every day over a year is a lot when it all adds up.

bluenoseam

The other end of it is this, if you're at management level that's something that comes with the job, it always has done & always will do. Though it seems that the other thing that comes with a management position is also in play here - namely if I can avoid doing it I'll avoid doing it.

Takeaway_Addict

minardifans wrote: »

It's more to do with

"Shop needs to open at x time" so he managers have to be there before that time to make sure it's ready to be open i.e. put the tills in etc.

The shop needs to shut at x time yet the managers need to stay behind to make sure the place is secure and the money put away.

So the time on the contract is 9am start, but you have to start at 8:30 every day or the shop would not be ready to open, and then you have to leave at 5:45 when your day should end at 5:30 to cash the tills off. So you have 45mins every day added on to your contracted hours which over the course of a year adds to one hell of a lot of unpaid hours. It really shouldn't matter if your salaried if your contract says 40hrs yet your doing more every week.

I mean 45mins every day over a year is a lot when it all adds up.

What did you expect being management?

getmore4less

Sounds like you need to be getting the job spec/hours fixed to recognize the hours required to do the job not the shop opening hours.

Simple solution if more than one manager is take it in turns to open and close and introduce some overlapping shift or take longer breaks.

surreysaver

But then if the job spec was altered to accurately reflect the hours, people wouldn't want the job. Another management trick - lying!

getmore4less

surreysaver wrote: »

But then if the job spec was altered to accurately reflect the hours, people wouldn't want the job. Another management trick - lying!

You would have to be fairly inexperienced(like less than a week) not to realize that if the hours on offer in retail/public facing are the open to the public hours you will be working more time doing something.

The OP has sort of indicated they are management...