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Posted By Paul Durkin
Hi All,
If one has contracted hours of 48 but then has to work up to 80h for the same pay,can the minimum wage legislation apply?
Yes,no option but to opt-out(or no job)
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Posted By A Campbell
Paul,
I expect it would depend on an individuals contract of employment.
maybe no minimum wage (no job)?
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Posted By Paul Durkin
Thanks A,
I made a mistake,the contracted hours are 40 not 48.However,with the WTD in such confusion,is there more force behind the minimum wage legislation?
Regards,Paul
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Posted By Phil Rose
Paul, I think that this is a rehash of a previous post, BUT you do pose an interesting question. I will ask my guru boss on Monday.
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Posted By D H
From your e mail address you show - you work for a very caring employer!!
if you are on agreed salary, then no - the minimum wage will not apply.
But what position do you hold - employee, management or what?
Ask to see the risk assessments for the work you are doing after hours and see if it mentions fatigue and controls.
If not, raise the point or call the local EH or HSE. Are you not in the union??
At the end of the day, if you injure yourself or someone else because of tiredness will they accept responsibility??
But again - that is easy for me to say as I am not in your position.
If you wish to discuss off forum, please get in touch.
Dave
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Posted By water67.
Hi not really sure what you are asking. Uk has opted out of the max hours and thus a worker can within reason work additional hours.. min wage is a rate to be paid PER HOUR.. anything over your contracted hours say 40 per week should be paid at this rate or additional eg time plus half etc. if you are on min wage.. if not there may be a different arrangement..for example i work flexi time..if i work additional hours one day or week etc. i do not get paid extra but can (in theory at least) take time off to bring my working hours (based over a set period.. 4 weeks in my case) in line with my contracted hours of 35 per week.. of course down side if i cant take time off -- due to say pressure of work.... i eventually loose the extra hours..hmmm reality i work overtime for nothing!!!
cheers
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Posted By Paul Durkin
Thanks Dave Water,
Off forum with Dave some useful comments were made.I think the upshot was that the individual involved should check their contract and get help for the local EHO.My idea behind using the min. wage was that as the individual works up to 40 extra hrs,if these were used to divide pay by 50% then that legislation may be used, as it seems to have more force/precision than the WTD.Dave though pointed out that salaried staff may not have a hourly rate,so of no use.Hence the contract needs checking.We HSAs may naively consider legislation like the opt-out / opt-in as being available to all,but in the current climate,opt-out of employment may be all that is actually available.
Regards,Paul
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