advice needed... think im getting a warning for not doing extra overtime.

[dsteaders]

my contract states I work a 48 hour week standard and then a reasonable amount of overtime on top, as part of the contract you have to sign out of the eu rules for working hours.
today I worked only 45 minutes overtime and chose to say that was enough does my company have any legal right to give me a warning over this as when asked they could not give me a figure of what reasonable over time is meant be?

[dsteaders]

eu working hour regs

As part of your employment contract can the eu working hours regs opt out be part of the contract ie. you have to sign it to get the job or does it need to be a separate contract?

[Tools]

Re: eu working hour regs

Hi

What kind of job is this for and how old are you/ the employee

[dsteaders]

Re: eu working hour regs

cvit driver 29.

[Tools]

Re: eu working hour regs

Do you have to use a tacho?

[dsteaders]

Re: eu working hour regs

no its 3.5 ton but to get the job you have to sign out of working hours directive or what ever its called as minimum hours we do is 48

[Tools]

Re: eu working hour regs

Compulsory overtime would form part of the terms and conditions of employment, but workers can still not be made to work over 48 hours on average per week if they do not agree to. There is no legal right to be paid extra for any overtime worked, but this may be detailed in the terms of employment.

As there will be a workforce agreement in place, especially since this is a sector that carries its own special rules, then the opt-out will be written into the body of the contract.

However, and I wouldn't recommend this, once you are working there you can change your mind.

If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. You can agree this notice period with your employer when you sign the opt-out. You can cancel an opt-out even if it's part of a contract you've signed.

[teaboy2]

Re: advice needed... think im getting a warning for not doing extra overtime.

No they can not. Your contract to 48 hours per week by the sounds of things. And that is all you are required to work, though the employer may expect you to work a reasonable amount of over time when needed. Though they can not force you too do so, nor can they discipline you for not doing so.

[dsteaders]

Re: advice needed... think im getting a warning for not doing extra overtime.

ok to follow on from this I have now been given a months notice and was escorted off site, in other words sacked. I have only been working there a little over 3 months however I was no longer on probation and had a full contract stating so.

a little about the situation: there was 2 of us in the van I was not driving however I agreed to come back to this other guy has worked there a few years and he did not even get a warning I have only been a few months however the contract is the same once permanent so would I have grounds to sue for what I feel is clearly discrimination and bullying as we were told if we don't stay out and finish all the jobs consequences would happen but they have only happened to me?

[wales01man]

Re: advice needed... think im getting a warning for not doing extra overtime.

Was this a delivery job?

[dsteaders]

Re: advice needed... think im getting a warning for not doing extra overtime.

kind of yeah its CVIT

[teaboy2]

Re: advice needed... think im getting a warning for not doing extra overtime.

Was the driver working the same hours as you and also not doing overtime?

what makes you believe you have been discriminated against?

You say "there was 2 of us in the van I was not driving however I agreed to come back to this other guy has worked" - I'm a little a lost as to what you mean when you say you "Agreed to come back", can you be a bit more precise?

Where you invited to an investigatory meeting?

Where you sent a letter inviting you to a disciplinary hearing (Usually follows the investigatory meeting) and did said letter inform you of your rights to be accompanied to the hearing and view any evidence against you, and did it also state any wrong doing? If so what? Type the whole letter up if need be.

Did you contract include a clause opting out of 48hr maximum working week, if so, did you cancel you opt-out after starting employment?

[dsteaders]

Re: advice needed... think im getting a warning for not doing extra overtime.

sorry for confusion hopefully this will simplify abit..

we both decided during the day we didn't want to do a lot of over time when the time came we chose to come back ended up being 45 mins over our hours. so 50/50 decision

I was immediately pulled in for an investigatory meeting. that evening I phoned up to find out what time I was due in the next day and was told I was due in 9.30 (much later than normal) for a meeting.

That said meeting was where they decided to tell me they are terminating my contract with a months notice and was escorted off site... No witness or hr representative was offered..

the other guy in the van the one driving so in turn the other 50% of the decision making had meeting and had nothing done to him...

[dsteaders]

Re: advice needed... think im getting a warning for not doing extra overtime.

the contract states that they need to give reasonable notice of any extra time needed above normal hours, none was given.

when I say decided to come back I mean from the run we was on as we cvit drivers and as I say we didn't even come back early we still did 45 mins over time.

[Tools]

Re: advice needed... think im getting a warning for not doing extra overtime.

I can only reply as I did in your other thread on this matter, please refer to that.