it does state this clearly on the contract. i have never signed the contract even though iv worked there for 5 years. it is a private company and i have been shafted so many times that im now looking at the legal rammifications of such a contract.
2006-10-12 10:21:01 · 9 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
i am allowed 29 days holiday a year but there is no cover when i am away ( i am the unit manager in charge of hotel service staff) all problems are kept on the burner till i return and noone deals with them unless it is a dire emergency. but if i need to take time off for a hospital appointment my boss deducts this time from mywages or i need to use an A/L day
2006-10-12 10:32:21 · update #1
i have been shafted because i have completed many many many hours of work which was not a requirement of my job. i have been shafted because the company pays an external IT consultant a monthly retainer to mantain the company's computer systems when i am the one who has travelled fromhome to home fixing the computers he has already been paid to fix. some of these machine have been left for over a year with no indication of when he will ever fix them so i have fixed them and received neither recognition nor commendation for doing so. i am being shafted because i use my own car and my own pay as you go monile to conduct any out of hours business but if i take 1 day off during the week to attend hospital then it is deducted from my wages.
2006-10-12 10:47:08 · update #2
You're working for a company whos breaking the law mate if you're in the UK anyway! By law you MUST be given a contract stating your conditions of employment holidays hourly rate etc etc before the end of 13 weeks! SO go see the fair employment agency...nobody can ever be expected to be on call 24/7 all year round!
2006-10-12 10:40:22 · answer #1 · answered by saffron1951 2 · 0⤊ 0⤋
This sounds a little bit like a cop or fireman. You are required to work 40 (regular) hours a week, but your job requires you to be "on call"24/7. Once you've worked your 40 hours, if you're needed more, now you're on OT.
Just because you haven't signed the contract doesn't mean you're not bound to it. You indicated here that you've read it and know what it says. That's enough. The Legal Ramifications are that if you are called in at 2AM and refuse, you could be out of a job.
How have you been shafted. BY thinking you're a wiseguy by doing things like not signing your contract, you're essentially shafting yourself. You see it works both ways. what if the boss decides to fire you because he wants you to stay awake with him for 48 hours and meditate on the state of the company. You'll be the first one to say "but it's not in my contract!!". Then the boss will say "but you never signed the contract, so how do you know?".
See..now I've really given you something to worry about!!
2006-10-12 10:39:56 · answer #2 · answered by MALIBU93 2 · 0⤊ 0⤋
In most places the fact that you've been working under that contract for so long would mean you both have agreed to it even if it is not signed. Unfortunately most places do not have to pay you for being on call unless you have to go some where when you are called. Also, if you are in an overtime exempt position, like management, they do not have to pay you for it at all. The contract could be interpreted as 40 hour plus overtime.
Justin James
http://www.globalstaffing.org/
2006-10-12 10:31:09 · answer #3 · answered by Justin J 2 · 0⤊ 0⤋
Being available 24/7 is not workable. If there is to be an on-call service then that needs to be managed properly.,
24/7 means no going away, no alcohol, 100% availablity. There's probably something in the European Working Time directive on this.
Talk to your boss about the logic of this approach. In the mean time, bruch up your CV and think about moving on.
2006-10-12 10:26:28 · answer #4 · answered by Felidae 5 · 0⤊ 0⤋
You've got no legal rights cos you didnt sign contract so legally you're not an employee of the company. It also works both ways though...they can't make you do anything cos you never signed to agree to do anything.
However, while that might sound all well & good, you also legally have no entitlement to holidays etc.
If you want your rights & agree to the contract sign it.
2006-10-12 10:40:22 · answer #5 · answered by Lisa 3 · 0⤊ 0⤋
If you work for a security company and, nowadays, for almost any sort of company really (credit card companies, telemarketing nursing...whatever) you generally must be able to work on whatever shift they need you on. You don t like it, you look for work elsewhere. And if you re looking to fight any company in court...good luck (and get your check book ready!).
2006-10-12 10:29:55 · answer #6 · answered by robert43041 7 · 0⤊ 0⤋
tell them you want a hourly rate for being on call... They are really bad.. tell themyou have no mobile phone.. why do people give their work the personal number.. if they have you a work mobile then fair enough
2006-10-12 10:25:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yeah. Go ahead and sue. It sure beats working for a living.
2006-10-12 10:25:19 · answer #8 · answered by letem haveit 4 · 0⤊ 0⤋
Join a union you can do this without the knowledge of the compan,they'll advise you of your rights.
good luck
2006-10-12 10:28:11 · answer #9 · answered by Red 3 · 0⤊ 0⤋