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My hubby has been asked to work ten days without a day off. He works in sales. I thought you had to work seven maximum. Does anyone know if this is legal?

2007-06-25 07:22:14 · 15 answers · asked by Kay B 1 in Business & Finance Careers & Employment Law & Legal

15 answers

Under the terms of the 'Working Time Regulations' a worker is allowed a minimum of 1 day off per week, or two days off a fortnight (these days are in addition to paid annual leave). However, your husband could volunteer to opt-out of this regulation, if he wishes.
So, he could by law be required to work 10 days in row, but he would then have to have a mimimum of 2 of the next 4 days off, by law.
In addition to this however, he needs to check the terms of his contract of employment. His written statement of particulars should detail the days/hours he is required to work.

2007-06-25 09:27:00 · answer #1 · answered by Tufty Porcupine 5 · 0 0

He's probably exempt from overtime, so he won't get overtime pay for work in excess of 40 hours/week. That's the magic number - it's not days worked in a row, it's hours per day/per week. But salaried people & professionals/managers are usually exempt from overtime, and there is no maximum days they can work without a day off. If he is concerned, he should read his contract (if he has one) or employee manual. Otherwise, he may not have a choice in the matter, and the law won't really help him. If he wants a day off, he should speak with his supervisor. Maybe he can work out a schedule where he works 2 weeks on, and has a week off, or something. But maybe he just has too much to do to take time off, and is using his job as an excuse because you are mad about the situation?

2007-06-25 07:30:22 · answer #2 · answered by madmax 3 · 0 0

I can remember some law coming out in the UK about working hours and holidays etc.
I was a contractor and working away from from home , I just signed a bit of paper telling them to stuff it.
So I worked 12 hours a day 7 days a week 84 hours a week, my choice, I was paid for it!!
Your hubby also has a choice , he could complain and refuse , then he could go through the unfair dismissal thing and most likely win , up to him.
Why are you 'butting in' here ?
He must know this himself?
I worked for the money the more hours the more money , sounds simple enough to me!
'Sales' I know nothing about, but I cant see it being any different to any other sort of job?
The guy (or company) that employs you is only looking for a profit from your labour, they weigh up all the risks etc, for sure they are not there to provide the general public with a job.
Any one think different to that???
So in a nut shell , maybe it's not legal if he hasn't signed the bit of paper, so whats he going to do about it?

2007-06-25 08:47:28 · answer #3 · answered by budding author 7 · 0 0

You don't say where you are, but there is no federal US law limiting the number of days in a row you can be required to work. You can work seven days PER WEEK since that's all the days there are in a week.

If he's classified as an employee, then if he's covered by the federal wage and hour laws, and most people are, he would have to be paid overtime for hours over 40 that he worked in a week. Overtime pay only applies to employees, so if he'd self-employed or an independent contractor, as many sales people are, then there is no such thing as overtime pay.

2007-06-25 07:29:33 · answer #4 · answered by Judy 7 · 1 0

This is a state by state law. Most states do not have any laws that restrict the number of days in a row some one over the age of 18 can be asked to work. There is not even a law the restricts how hours In a day you can be asked to work - as long as proper breaks are allowed for.

2007-06-25 07:29:49 · answer #5 · answered by Mike E 4 · 0 0

In my job the legal maximum is 13 days out of 14 and a maximum 12 hour day and 72 hours in any 1 week (Sun to Sat).

So yes it is legal.

Probably not the answer you wanted either!

2007-06-25 07:52:26 · answer #6 · answered by Ched 3 · 0 0

no not legal should be six with a 12 hour break between shifts
Sorry should be 11 hour break. A worker is entitled to an uninterrupted rest period of not less than 24 hours in each 7-day period. This may be averaged over a two-week period i.e. a worker is entitled to two days' rest over a fortnight.
In addition a worker doesn't have to work more than 48 hours in a week if he/she chooses, even if he/she has signed an opt-out form as they may change their mind at any time.
Do a search for "The Working Time Directive"

2007-06-25 07:26:08 · answer #7 · answered by sophie s 3 · 1 1

I don't think there is a maximum amount of days. I guess it all depends on company policy. Regardless, I know some people that have worked for years without a day off.

2007-06-25 07:26:12 · answer #8 · answered by Oklahoman 6 · 1 2

There are no laws for people over the age of 18 that limits the number of days someone can work in a row.

2007-06-25 07:26:27 · answer #9 · answered by ambush45th 2 · 1 1

No I have regularly worked 10 days on the trot IE Sun & Mon off worked 10 days then Fri & Sat off

2007-06-25 07:25:36 · answer #10 · answered by Anonymous · 2 0

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