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My daughter aged 23 has learning difficulties but holds down a job as a domestic/laundry assistant in a nursing home. She works 6 days a week but quite often her day off is cancelled because of someone else's holiday, sickness, etc. She doesn't know how to say anything about it or how to question it, so she often works 12 or 13 days in a row before she eventually gets a day off. Is there any legislation about this?

2007-09-30 09:14:21 · 11 answers · asked by Anonymous in Politics & Government Law & Ethics

11 answers

If she has opted out of the EC working time directive, then she can work as many hours and for as many days as the company requires and she agrees to.
In this case, I would be asking for her contract and check the terms and conditions of her employment as to working hours and days of work.
If she is entitled to a day off and the company ask her to work, then it is up to the individual to stand there ground and say NO.
I work in an industry which is heavily regulated by working conditions and time constraints as we use dangerous and heavy machinery, we are allowed to work a maximum of 12 hours per day, must have a minimum of a 12 hour rest between shifts, and can work no longer than 13 days in a row. Infringements are punished severley by the HSE.

2007-09-30 09:27:46 · answer #1 · answered by Kevan M 6 · 0 2

12

2015-04-27 14:08:39 · answer #2 · answered by Sue 1 · 0 0

I don't recall hearing any law about this. What federal law in the US DOES regulate is payment for working extra hours, i.e., overtime, as applicable -- requiring that she be compensated with at least 1.5x pay for any overtime worked (unless she has quite short days, sounds like she's working it).

Some states may add extra requirements -- for example, I believe that in my state that a lunch break is required for those working 6 hour days or longer (though not required to be paid), where federal law has no such requirement. So, there may be state laws that affect working hours.

If you're out of the US, no clue, sorry.

2007-09-30 09:33:52 · answer #3 · answered by Katie W 6 · 0 0

I am on a contract where I work 6 days a week for 6 weeks then take the 7th week off this totals over 60 hours a week is this allowed

2016-05-05 04:39:46 · answer #4 · answered by Mark 1 · 0 0

Firstly, if she is working a probation period, it is quite possible that her contract of employment will not allow her any leave during the probation period. With regard to her actual leave, she will need to check her contract of employment for the number of days she is entitled to.

Most employers will only allow leave which is agreed beforehand and is convenient to them. This will be stipulated in her contract possibly.

As long as she has had an opportunity to take all of her holiday entitlement by the end of the holiday leave period, she will not be able to complain!

In any event your daughter needs to remain in her job for at least twelve months before she is able to become a 'protected employee' and enjoy additional rights and not be unfairly dismissed without 'reasonable cause'.

2007-10-02 10:00:51 · answer #5 · answered by Shelby P 2 · 1 0

I don't know but I'm guessing there is some law pertaining. Personally, I would have a nice little talk with her supervisors after I found my daughter a better job. They would have to give her a raise and stop taking advantage of her to keep her. That sucks. Another example of the spoiled, self centered I,me,my society we've turned into that gets a little worse with each new generation. You have some leverage with your daughters good work ethics. I'm almost certain that most who work there have no idea what that even means.

2007-09-30 09:36:40 · answer #6 · answered by Funnel 5 · 0 1

In the USA, the standard is a 40 hour work week. Check with your STATE's labor board. For that matter, in her nursing home, they SHOULD have the labor-laws posted in the employee break-room.

Good Luck & God Bless

Once in the Navy I worked 12 hour days for 92 days straight... no day off, no port of call, nothing

2007-09-30 09:24:37 · answer #7 · answered by mariner31 7 · 0 1

i,ve worked 100 plus days straight b4. ther is a regulation that states no more than an average of 39 hours a week over 6 weeks unless she has sighned a opt out form, check the woking rule agreement for more info

2007-09-30 09:34:37 · answer #8 · answered by masonary 101 2 · 0 1

When I studied business i was told you have to have 1 day minimum off in a week. That does me you can have monday off and work tuesday right through to the following saturday and have the sunday off.. I think

2007-09-30 09:24:24 · answer #9 · answered by Anonymous · 0 0

In the UK, everyone is entitled to one day off per week, or two days off per fortnight. You can't sign out of that rule either, so your daughter's contract doesn't make any difference.

By doing this they are in breach of the law. See here:

http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page28979.html

The correct thing to do is to ring the Health & Safety Executive on 0845 609 6006 and seek their guidance and support.

2007-09-30 10:56:42 · answer #10 · answered by Joe 5 · 1 0

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