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Thread: employment & contracted hours

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    Regular Member SRimonkey's Avatar
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    Default employment & contracted hours

    can`t actually lay my hands on my contract, but if i start work at 6 am and at 2 pm i go onto overtime rates, and if i was to book a day off i only get paid 8 hrs for that days holiday, does that mean i`m only contracted for 8 hours a day? help lads

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    Regular Member Das's Avatar
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    Chances are you are actually contracted to so many hours a week, 39, 37, 45 etc.... not generally a daily thing, but an average weekly or even monthly. Holidays normally worked out at contracted hours divided by normal days a week worked.

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    Regular Member SRimonkey's Avatar
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    ok cos they seem to think i`m contracted to work from 6 am till 4.45pm every day and only recieve 8 hours pay when i book a day off, when i`m working at 2 pm our hourly rate changes to overtime sommet like time an a third

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    just found this on direct.gov website

    The basics of holiday rights
    There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

    •you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
    •part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)

    •you start building up holiday as soon as you start work
    •your employer can control when you take your holiday
    you get paid your normal pay for your holiday
    •when you finish a job, you get paid for any holiday you have not taken
    •bank and public holidays can be included in your minimum entitlement
    •you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

    so if i only get 8 hrs pay that would mean i`m contracted @ 8 hrs x 5 = 40 hrs a week, and they`re tryin it on an screwin everyone over by only payin 8 hrs an saying we`re all contracted to do almost 11 hrs

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    Not sure if i've got "the right end of the stick" here, but: -
    • the employer normally gives you a number of paid hours holiday per year. How you use those up doesn't matter.
    • Say it's 225hr per year (or something like that), it should be easy to work how many 8 hour days you're entitled to.
    • Obviously on the days you take off as holidays you miss out on that overtime you would have worked, and your pay will be adjusted to suit.

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    Regular Member SRimonkey's Avatar
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    na no pay adjustments or anythin......you book a day off and it shows as 8 hours on ya payslip

    doctor only wants me to work 40 hrs a week so i`ll just get him to put it in writing
    Last edited by SRimonkey; 12th December 2010 at 22:04.

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    Each days holiday should be prorota based on the previous month

    So if you work 200 hours over 20 days
    The following months holiday should be paid at 10 hours per day

    However, if you are paid £2000 per 20 days
    The following months holiday should be paid at £100 per day

    For hourly paid workers the overtime may be converted into holiday pay, but there is NO requirement to do so
    Hence, why unions call for an overtime ban, knowing that employees do not benefit from it

    As an employer, I follow the first option; every hour worked accrues holiday pay

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    i`m just trying to find out if they can force me to do it as doctor only wants me to do my 40 hrs after the accident there we agreed 40 hours @ 8 hrs a day is plenty for the state of my hand

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    Quote Originally Posted by SRimonkey View Post
    they seem to think i`m contracted to work from 6 am till 4.45pm every day
    There are two issues with that, but you need to refer to your Contract of Employment, specifically the section referring to daily and weekly hours

    The maximum you can work each day is 8 hours
    After that the employer CANNOT force you to stay back, unless there are exceptional circumstances and in certain sectors

    The maximum you can work is six consecutive days or twelve days over two weeks

    Equally, your Doctor can provide a written statement for your return to work AND any conditions
    If these fail then you can return to Sick Pay

    Sounds to me like they have been paying out sick pay and want to claw it back?

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