can you be disiplined for not working overtime for your company?

Question

my wife has been told that they must work overtime including saturdays or face being disiplined. the union have agreed to this having signed agreement it is said it could be seen as gross misconduct. this is no small company but a major car parts supplier.

Answer 1

as a T.G.W.U. union rep I'm sorry to say but if the union has signed an agreement to say that overtime is compulsory then they should be put up against a wall and shot firstly I would make a complaint to the union head office about the union rep because they should have never agreed to that
secondly overtime is just what it says overtime in other words you are working over your time and this is totally voluntary and there is no way whatsoever you should be made to do it and there is no way you should be disciplined for not doing it

Answer 2

Is your wife a member of the union and has she agreed to let them represent her interests? Trade unions have the power to do what is called 'collective bargaining' that is negotiate on behalf of the work force as a whole, as such it is simpler to think of the employer contracting with the workforce as a whole rather than with individuals (although this is not the strict legal position). If the union has agreed to terms such as this and your wife's contract incorporates a collective bargaining agreement then she is bound by the term and a refusal to honour it would be breach of contract!!!!! - This is the very short answer.

So far as it being seen as gross misconduct I would be very surprised to see this, a breach such as this would more likely be seen as mere misconduct and be subject to the companies disciplinary code.

I'm sorry to hear of this but it is the big down side to union representation - espescially since most unions are now running scared of companies

Answer 3

Depends, does she have children that she has to look after, if she does, she can refuse, there are always out of a contract,and there are many new EU rules governing working times, even human rights can be cited.

Check with the union, also check with the local citizens advice bureau.

My union did agree that we would work overtime in an emergency, but its rare for a union to agree to forced overtime unless they got something substantial from it.

Most employees ARE NOT forced to work overtime and they are not legally obliged to do so, its easy enough to check the postion, contact the unions head office.

Answer 4

First you should go to your local union rep..ask the same question. But in California there is no such thing as mandatory overtime..It is illegal. Now depending on the company if the rest of your work is poor the employer can always use some other excuse to let you go.!

Answer 5

According to Labor Law we are bound to work 8 hours any extra hours will be overtime.

When we join a company there is Contract with terms and conditions. If there was condition, that in case of overtime you(your wife)will be asked to work extra and if you(your wife)has accepted it then that contract is valid.

Basically Labor Unions are to protect Labor not to put them in difficulty. If your(your wife) Work Contract was filled by Labor Union and there was a term of overtime which you(your wife) is bound to do then you will have to oblige.

According to my experience your wife is in trouble only because she might not have read the Work Contract when she had signed.

Therefore, I request all those who read this, do not sign a Work Contract without reading completely. Never accept any verbal contract or conditions. Before joining your job clear all doubts later you can not do anything.

Advise*** If your wife does not want to work overtime then there is one possiblity. We can not fight with Law but we can use our mind to solve problem. If your wife can get Medical Certifcate that Physically she is not fit to work overtime and when she had joined she was fine and wanted to work but now she is unable though she wanted to work overtime.

Submit Medical certificate, talke with Union or direct with the Boss. Do not resist, say sorry and tell them physical problem. Remember company can not force a Labor who is Physically unfit to over work. If company force then they will be in troube not your wife if she got hurt or fell sick while working.

If you still need help send me e-mail [e-mail]

Answer 6

Because the union signed an agreement allowing it, your wife is bound by the agreement, so yes, she must work overtime or face disciplinary action, which can include being fired.

Answer 7

Sounds like it is company wide mandatory overtime and the union has agreed to it. She could be disciplined and possible terminated for not following company policy. Doesn't make it right, but not much she can do about it. Sorry.

Answer 8

If it's in your wife's contract that she has to work overtime as required, then she has to and she has no choice at all. If, however, she has not signed any contract to say she will work overtime then she needs to speak to her union rep, providing of course she is in the union.

Answer 9

Why don't you name and shame that company, anonymously, of course, get the local press interested and perhaps local TV? That usually gets big, bad bosses to change their minds, unless the boss is indifferent or just a rogue.

If you are in Europe, health & safety law protects workers against having to work more than 48 hours a week. If you are in the UK, also ask ACAS (Advisory and Conciliation Service) or your local Citizens' Advice Bureau.

Answer 10

not by law, there was an act placed a few years ago protecting the 40 hour week (well it was stated that no employee can work more than 48 hours a week) it will be in your contract your contractual hours, should the company enforce a change to these hours they have to give relevant notice and you have to sign to say you agree. go see a solicitor, sue the *** of them when they give you disciplinary.