Employment question (overtime)

[mattyfez]

What types of work does it apply to anyway just out of interest? I start next month.. if they take the **** with it ill just quit. No big deal, shouldn't have a problem getting another job

I know things like lorry driving, due to the nature of the job require nights out etc, so its impractical for them to be limited. possibly certain emergency services and other critical things where you cant just turn around and say "right, its 6pm, im going home" leaving a potential disaster in you wake.

Google it, theres lots of info on ACAS and other employment related sites.

 

[Una]

I know things like lorry driving, due to the nature of the job require nights out etc, so its impractical for them to be limited. possibly certain emergency services and other critical things where you cant just turn around and say "right, its 6pm, im going home" leaving a potential disaster in you wake.

Google it, theres lots of info on ACAS and other employment related sites.

Fair enough... job is nothing like that. Guess is it legal if its in the contract:

"You agree that the limit on working time (“the 48 hour week”) specified in regulation 4.1 of The Working Time Regulations 1998 will not apply to your employment and that signature of this agreement shall constitute consent pursuant to regulation 5.1 of the regulations for the duration of your employment under this contract subject to the provision below."

 

[mattyfez]

That don't sit well with me, it should be a separate option, not something that's built into your contract, but if you want the job then its probably not prudent to kick a fuss up about it.

Like I said, its called an opt-out for a reason, so for an employer to make it a condition of employment, im sure is not exactly legal.

 

[Camalot]

I am contracted to have Wednesday and Fridays off in my job, but im always asked in, 90% of the time i go in. Went last three weeks with no days off.

They asked me in this Wednesday and i said no. Then they said "don't expect to have Friday off as well then."

Thats how i get asked to work over.

 

[[TW]Fox]

You'll have forced overtime in your contract. I expect it's totally upto you if you want to do it or not.

Don't those two sentances contradict each other?

 

[Glaucus]

Don't those two sentances contradict each other?

Only because i put a fullstop in by mistake.

 

[[TW]Fox]

Erm no, it's just crud advice becuase it contradicts - how can you have a choice over whether you are FORCED to do something or not?

 

[Glaucus]

Go back to motors your just annoying.
It makes perfect sense. His contract will tell him if he has to do overtime or not. I then go on to say that I highly doubt a shop like primark will have contractual overtime.

 

[[TW]Fox]

You don't get a choice if something is FORCED. How on earth are you struggling to see that?

If he is REQUIRED to work overtime, ie, it is 'forced' as you put it, then he won't get a choice as to whether he does it, will he. Becuase if he could CHOSE, then it would not be FORCED.

Duh?

 

[Glaucus]

And what can't you get about, telling him to check his contract to see if it is required.

Duh!!

 

[[TW]Fox]

Have you even read what you've posted? You've told him if his contract requires overtime, he gets to chose if he does it or not. How can you not see how ridiculous this is?

Do you know what the word 'forced' means? Go and look it up and explain to me where the choice part comes in.

 

[Glaucus]

No I haven't re-read it.

I said I highly doubt a shop will have forced overtime in the contract.
Therefore it is upto him if he does it.

 

[JBuk]

I very much doubt that with a shop you'll have forced overtime in your contract. I expect it's totally upto you if you want to do it or not.

Don't those two sentances contradict each other?

you`ve taken what hes saying out of context and edited his post to suit your argument

hes saying if a contract doesnt have forced overtime then its up to the employee if they want to work extra hours

its not rocket science to understand it

 

[[TW]Fox]

you`ve taken what hes saying out of context and edited his post to suit your argument

hes saying if a contract doesnt have forced overtime then its up to the employee if they want to work extra hours

its not rocket science to understand it

Not now he's edited it, no. It didnt say that at all when I quoted it.

 

[Glaucus]

Not now he's edited it, no. It didnt say that at all when I quoted it.

As I said it shouldn't of had a fullstop. But you ignored that post. So yes it did for the next several posts.

Perhaps you should take your own advice and read replys.

Only because i put a fullstop in by mistake.

But you carried on arguing afterwards like you always do.

 

[[TW]Fox]

A full stop and a capital letter for a new sentance? Whatever. It said something rather different when I replied originally, it was very misleading hence my posts. But lets leave it now, shall we?

 

[mattyfez]

Just to add, the contract can stipulate that Some overtime will be required, but if you have not opted out of the working time regs, and your hours look like they will breach the 48hr/17 week rule, you can refuse to do it and there is nothing the employer can do about it.

You have a water tight defence for any disciplinary action they may try to bring, as they will be in clear breach of employment law.

This law, or act or call it what you will, exists specificaly to stop people becoming slaves to unscrupulous managers.

 

[mattyfez]

Also Camelot:

You should look into rules regarding minimum time off allowed between shifts, which I belive is 12hrs, and minimum uninterupted time off allowed per week, which I think will be relevent to you as they seem to be denying you, your equivelant of a "weekend" by saying basically "if you dont work on your "saturday" then you will be forced to work your "sunday".