contractual hours

[james_law]

My contract states that my minimum contract hours if 40 hours and my maximum contract hours at 48, I still get the same wage no matter what I work. Anything over 48 hours is paid at my overtime rate. I am under the impression that a contract should have a fixed number of hours and i should be paid for what I work. so do thye need to decide if my contract is 40 or 48 hours or are what they doing all above board?

[james_law]

Ula*is something you may be able to shed some light on?

[ULA]

A contract should have fixed hours i.e. either total number per week or via defined times of working. Is your salary based on 40 hours per week?

I am wondering if by stating the minimum is 40 and they pay overtime after 48 they are indicating you could be expected to work up to an 8 extra hours per week at no additional salary.

I think you need to get this clarified with them.

[james_law]

Ula* Yes that is exactly what they are doing. I am expected to work the 8 hours if needed for no additional pay. Surely that can't be legal?

[ULA]

Unfortunately employers do not have to pay workers for overtime and it would appear this particular employer has put in an 8 hour per week "buffer" until overtime is paid.

However, your average pay for the total hours you work must not fall below the national minium wage.

[james_law]

Ula Yes that is exactly what they are doing. I am expected to work the 8 hours if needed for no additional pay. Surely that can't be legal?

Could i refuse to do anything over 40 hours then?

[ULA]

Do you have anything in any of your contract clauses/job description about "hours to do the job" "*hours may be varied or extended within reasonable limits according to pressures of business" etc. If so then you may have a problem refusing to do the hours and also given that the contract states a minimum of 40 and maximum of 48.*
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