we log onto pc at start of the shift and are timed right the way through , agency staff drop 30mins on their break (like full time staff) but dont get paid for it company says agency problem and agency says company problem is this leagal?
2006-09-05 00:09:04 · 11 answers · asked by gary j 1 in Business & Finance ➔ Corporations
seems legal. it is law that any staff working over 6 hours a day must take at least a 30 minutes break.
i dont know what you mean by still on the clock but if you mean that they are still working during their 30 minute break, that would mean that your company are breaking the law as they have a duty of responsibility to that worker even if it means ordering them to stop working at that time,unless they say that the person can take their 30 minute break later in the day.
regarding the temp not getting paid for their 30 minute break even thoigh [permanent employees do, it is true that is an agency problem. in fairness the agent should negotiate for their temp to be given a paid 30 minute break like the exsiting permanent co-worjers. however the company will probably not agree to this as they usually pay more to the agency for their temp staff than they do to their own permanent staff and therefore are unlikely to want to pay for the agcny staff to get a free 30 minute break! the agent will probably not push it further as they would prefer to get some comussion at least than no comission if the company just tells them that they will just use another agency if that agent doesnt accept it. therefore it is an agency issue but the agency wont pursue it and instead just copping out of responsibiliuty by blaming the company.
even thogh the compny is paying more to the agency for the temp staff than they do their own permanent staff, this does not mean the temp perspn themselves is getting more money than their permanent co-workers. the agency invariably cream off more than 15% commission on the hourly rate that the company is paying. sp the temp ends up with a similar wage to teh permamnent staff (sometimes even less) and no benefits to boot.
2006-09-05 00:22:51 · answer #1 · answered by Chintot 4 · 0⤊ 0⤋
well, theres 2 points:
1- all employees should be paid equally if doing the same job, in the same position, and on the same rate. so you cant pay group A for their break but not group B..end of the day they are all doing the same job. the company have the choice to either pays all for the half an hour break, or non at all
2- the people employed through the agency should review their contract...it might say that pay 'excludes any breaks' if so, they cant do anything about it. if it dosent state that, then they have the right to get paid!
2006-09-05 07:33:35 · answer #2 · answered by Mark 2 · 0⤊ 0⤋
Theoretically, the full time staff don't get paid for their lunch break either - for example, civil service full time staff are contracted to do a working day of either 7:24 or 7:42 hours dependent upon location. They must take, by law, at least a half hour for lunch, so cannot simply turn up at 9 and work straight through to 4:24/4:42 but when completing their time sheets the time taken at lunch does not count towards their standard working day. there fore if they arrive at 9, take an hour at lunch and leave at 5:24/5:42 they have completed only their working day.
2006-09-05 07:14:57 · answer #3 · answered by eriverpipe 7 · 0⤊ 0⤋
Yes it is legal. By Law you are not allowed to work for 4 hours without a break (supposeedly) but you do not have to pay for the break. The company has to pay the agency a hell of a lot more than the worker gets. It is down to the agency not the company . If they are good maybe they can negotiate a permanant contract with the company.
2006-09-05 07:17:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you're employed through an agency you only get paid for the actual hours you work, therefore you're not paid for a half hour break. Yes, it is legal. Can they log off before their break and logon again after?
2006-09-05 07:15:54 · answer #5 · answered by The Findleys 3 · 0⤊ 0⤋
In US, by law, 15 minute breaks are required for every 4 hours worked. 30 minute lunch breaks are required for longer shifts. You don't have to pay them for the lunch break. That's why people work 8 hour shifts from 8 to 5 (it's actually 9 hours).
2006-09-05 07:14:56 · answer #6 · answered by GeekNTraining 2 · 0⤊ 0⤋
I work for agencies and someplaces i get paid just for the hours i work. Other places pay for me to eat lunch. Depends on the place of work.
2006-09-05 07:19:39 · answer #7 · answered by mrmerc11 2 · 0⤊ 0⤋
it is leagal, because they have just to pay the hours you really work
2006-09-05 07:17:21 · answer #8 · answered by Mag 7 · 0⤊ 0⤋
Contact ACAS they should be able to confirm. Or you can contact the citizens advice bureau.
2006-09-05 09:56:10 · answer #9 · answered by scallywag 4 · 0⤊ 0⤋
Yup - it's all very legal. You get paid for what you work.
2006-09-05 07:12:24 · answer #10 · answered by Felidae 5 · 0⤊ 0⤋