dodgy employer?

Question

am having to work 7 days a week in december. will be paid extra for it, but dont have a choice! is this legal?

is this what they mean about 'the needs of the business'?

Answer 1

it depends on how many hours you saaid you would work in your contract and which hours yours working on each of those days.

personnally i wont do more than 40 hours in a week. my last 2 employers asked me to sign a form to say i could work more with at least a weeks notice but i refused to sign it. loads of my ex-workmates did sign and some got rotad on for 60hours+ when they complained the employer said since they signed they had agreed for that if they needed them to work.

check your contract and if your not signed up for something like that then you can argue the hours down as breach of contract.

Answer 2

Firstly, it is illegal for ANYONE to work 13 days without a break, so that's the first point I will make.
Next, you need to read your T's & C's. You don't say which industry you work in and I can only give you my retail angle. Your T's & C's WILL state that you are expected to work extra hours as the business needs, as long as it is agreed between yourself and your employer and you have been given adequate notification.
If you are a full-time employee, then you have the right to do as little overtime as you want because 1)you are then paid a premium which no employer likes to pay (ie. time and half, double time) 2)You are limited to what hours you can do as extra's.
If you are a part-timer with a second job, then the rules change, you would have to consult with your HR representative or union official. Each company has its own rules, regulations and expectations and I couldn't give you a conclusive answer.
If you are part-time and its your only job, then there may grounds for you to work extra. If you're a parent then the rules change again............... its a bit of a land-mine.
However, at the end of the day, YOU have to agree to the overtime, not be bullied into it....make sure you WANT it and are not being forced.
Good luck hunny. Don't let your boss bully you ok. xx

Answer 3

Completely legal. Employers can demand overtime pretty much at their whim. I worked 12 hr shifts for 13 days on 1 off for like 5 months straight one fall. Most of it was mandatory. There is absolutly no legal recourse if you want to not do this. As long as they pay you overtime it's all legit.
Ya this is what they mean by needs of the buisness or that their business is "customer driven".
Even though I wasn't all that upset about working all this overtime, the thing that did upset me was in the spring when they couldn't gurantee me 36 hours per week. I mean comeon you kill me with overtime in the fall and then barely give me hours to survive in the spring? I took this complaint to my area manager and to HR once and basically was told this is the way it is and if I can't plan my money for the lean times perhaps I should look for a transfer.

Answer 4

This totally depends on the contract that you signed with your employer. If you are not sure then ask for a contract with them. Personally I would love to work more than 37.5h/w and get paid overtime but my employer does not allow this. It all depends on your personal needs, expectations, life style, family obligations, and if you really love your job. I know people they go to work because they just love what they do!

If your employer likes what you do, then you for sure will be promoted. The business needs in December is very high because of xmas. Well if you refuse then your employer might hire another person, and that will cause a competition between you and that person. Always employers look at their employees as tools that get them money. They overall don't care about your family obligations as much as they care about getting the job done with less amount of money.

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Answer 5

UK Law - Try getting your employer to read the Working Time Regulations 1998!!!
Depending on the job and industry, the rules generally mean that what they are asking of you is illegal...and if you work nights, its even worse!
You need 24 hours rest in any week, although this can be extended to 2 weeks on the odd occasion, 11 hours between each shift, and make sure you are getting 20 minutes break!!!

Answer 6

It depends on the terms of you employment but it is possible you have to work it if you contract has a clause to the effect you may be asked to work additional hours.
But this still has to be reasonable, there was a case where doctors were asked to work an 80hr week which was held invalid because it was detremental to the patients and the standard of care offered.
So maybe you can argue along these similar lines depending on the nature of your work?
Look up human rights too.

Answer 7

If you live in the UK no employer in a retail or office can force you to work on Sundays. Legally you can always refuse to work on these days even if it is in your contract. This is part of the Sunday trading act 1994.

If you work in a different field such as medicine the laws vary.

The needs of the business is a phrase businesses you to remind employees that they are less important to the management than making money is.

Answer 8

Not 100% sure about the law but normally unless you opt out of the "48 hour rule" any company that tells you you must work 7 days a week isn't much kop.by the sound of it your not too keen about 7 days a week and they could cut your hours right back after xmas when they've used you.where i work (a large international company) we are given a form to sign stating we accept or that we want or are prepared to work more than an average of 48 hours a week.i don't sign and have no problems.For best answers though go to citizens advice bureau.remember if you start giving into "needs of the buisness" to start with you might always be doing so and where might it end !!

Answer 9

If you're in a union, then it depends on what the union contract says. If you don't have a contract, then yes, they can insist that you work additional hours although they do have to pay you for it. And yes, situations like this are exactly what is meant by "the needs of the business".

If you don't want to do it, you can always quit and find another job.

Answer 10

Depends on your contract of service as to whether this can be requested or not.