Change of contract - More money but no paid overtime - HotUKDeals
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Change of contract - More money but no paid overtime

scholesy Avatar
6y, 6m agoPosted 6 years, 6 months ago
Hi,

Just wondering if anyone has been in a similar situation. To standardize the pay structures across a large organisation they are changing my contract. The proposed plan is to increase our basic wage (still waiting for figure but likely to be in region of 1-2k) but eliminate the overtime (currently 1.3 time basic pay). Also annual bonus participation factor increased from 5 to 8% (if we make enough money).

From what I understand they can do this and if I don't like the proposal they can put me on 90 days to either accept the offer or let me walk.

My concern is that normally overtime is approx 1-2 hours a week but could they force me to do a lot more (sweat the assets!)? If they said we are really busy and need me to do 2 hours a day what grounds could I reject on? Anyone else found themselves in a similaar situation, how did you handle it?

For the record I am an Engineer with a degree and been working there for 4.5 years. Some people are surprised I get overtime at all on a Salaried job.

Thanks
scholesy Avatar
6y, 6m agoPosted 6 years, 6 months ago
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#1
basically they are giving you a salary - where they can make you work whatever they want at no extra pay!

if you got O/T before, you weren't salaried... you had a wage.

and they can change the terms of your contract if they like. as long as it's done across the board..
#2
You could refuse the unpaid overtime if it was in contradiction to the Working time directive of a 48 hour week:

(Granted, better web site examples are available... I was just in a rush)

[ http://www.got-the-boot.com/law/law-27.htm ]
---
Employment Law Explained
Working Time Directive (ie. 48 Hour Week)

This piece of European Law came into force in the UK on the 1st October 1998.

It covers all part time and full time employees and in addition "workers" (including self employed, agency workers).

There are a number of types of employee that are excluded including those employed in the following sectors of activity:

* Mobile workers in air, rail, road, sea, inland waterway and lake transport
* The activities of doctors in training (although a maximum working week is being phased in over the period to 2012)
* Where characteristics peculiar to certain specified services, such as the armed forces or the police, or to certain specific activities in the civil protection services, inevitably conflict with the provisions of the WTR.

48 hour week

The basis of the new Law is that an employer cannot force an employee to work more than 48 hours a week unless the employee has agreed to do so in writing. An employee cannot be forced to agree to work over 48 hours a week and if he/she suffers any detriment due to a refusal to work more than 48 hours he/she can bring a complaint in the Tribunal.

A reduction in pay pro rata should an employee decide not to work greater than 48 hours is NOT a detriment pursuant to case law.

If an employer has employees who have agreed to contract out of the 48 hour week then they have to keep detailed records of time worked, etc.

Any employee who does contract out can give his/her employer 7 days' notice that he/she no longer agrees to work more than 48 hours (note the employer can insist on up to three months' notice if the employee agrees to the longer notice period in writing).

There are a number of additional employees rights introduced and these are as follows:

Holidays
A minimum of 4 weeks' paid holiday a year. Rest Breaks Employees aged 18 or over are entitled to a 20-minute break where the working day is longer than 6 hours.

Any breach by an employer of these terms can lead to a claim by an employee for unfair dismissal.
---

BFN,

fp.
#3
as above was gonna mention the WTD

work to rule
#4
Thanks for replies. Currently in states in my contract that the company epects me to work additional hours as and when required, but obvisoulsy I would get paid for what I did. The wording will still be the same but I won't get paid accordingly. My only concern is if they say they need me to work upto 11 hours a week most weeks I would lose financially and couldn't refuse.

I know on one hand I should be grateful I have a job and only loss last year was overtime and bonus but want to protect myself for the future as we are going through a major ramp up in production!
#5
strike
#6
casparwhite
strike


I don't work for BA or the post office :P
#7
scholesy

I know on one hand I should be grateful I have a job and only loss last year was overtime and bonus but want to protect myself for the future as we are going through a major ramp up in production!


You shouldn't think this way, you have the right to have a job, if you start accepting any conditions they lay down because you are 'grateful' it wouldn't end well. You have rights and I would speak to a professional on work and employment contracts or a Union could offer advice.
#8
Are you a member of a trade union? I would suggest you give your rep a ring, if you are. If you're not... it's too late to join now (there's usually a 13 week period during which you cannot claim, and then you can't claim for help with pre-existing complaints). If you're not a member I would suggest you write your concerns down in a well worded letter to the top brass and ask for a response (IN WRITING) before you sign anything. The same thing happened to my husband, only he's still not on salary. They promised him a pay rise and salarification, withdrawing overtime. There is never much overtime anyway, so he agreed. Nothing has happened thus far, just withdrawal of overtime (for those who DID get some anyway). There are redundancies in the air all over the place right now, so think carefully before you take the 90 day and walk option - better to stick it out and look around for something else if it doesn't work out for you.
#9
Thanks for your help. Should be getting the official letter this week and have spoken to my union just to understand where I stand. Apparently there are already others forming together to get the union to negogiate a better deal.

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