New Job

[nan]

I have just started work for a cleaning company. They have now told me that as they had to take a reduction in money, when they were given the cleaning contract, that I will have to work for one week a year free. But not to worry about it ,as this will be taken in odd days ,so I wont miss the money too much .

[Amethyst]

Re: New Job

Nice of them. How about reducing your working hours/days accordingly ? Or didn't that occur to them ? Does removing that weeks pay take you below minimum wage?

[Kati]

Re: New Job

Personally, I'd either be telling them where to stick their forced "unpaid work" or doing as Amethyst suggested (asking them to reduce your hours accordingly) :sad:

[nan]

Re: New Job

Thanks for your comment ,Its a proportion of my hours I think. I will ask one of the other workers about it on tuesday, Ive only been there two days.And much as I would like to tell them were to shove it, I have had no other offers of work for five months ,but will keep looking for something else while I carry on with this job

[sean5302]

Re: New Job

Hi nan.
Amethyst's question is a good one.
You MUST be earning at least the minimum wage, by law.
No nonsense. Each hour you work you need that money.
If they're already doing dodgy tricks after 2 days' employment, what is that telling you about the company?
You're probably working at least a week in hand. Do you trust them to pay you at the end of the week?

[nan]

Re: New Job

Thanks for writing sean,I wont know for sure until I talk to the boss on tuesday, as for trusting them to pay me. the other staff I work with, have been with the company for three years plus, not happy about it but what can you do, is what she said to me .I know I can talk to the guv. low pay unit( forgot what its called),but outcome would be the same ,moral victory,but nice job gone .

[sean5302]

Re: New Job

Are you saying that they aren't paying the minimum wage?
Also known as "slave labour".

[Kati]

Re: New Job

I'd be asking that too ... the NMW is the least you should be getting paid!!
https://www.gov.uk/national-minimum-wage-rates

The National Minimum Wage rate per hour depends on your age and whether you’re an apprentice - you must be at least school leaving age to get it.

2014 (current rate)	Ł6.50	Ł5.13	Ł3.79	Ł2.73
2013	Ł6.31	Ł5.03	Ł3.72	Ł2.68
2012	Ł6.19	Ł4.98	Ł3.68	Ł2.65
2011	Ł6.08	Ł4.98	Ł3.68	Ł2.60
2010	Ł5.93	Ł4.92	Ł3.64	Ł2.50

*This rate is for apprentices aged 16 to 18 and those aged 19 or over who are in their first year. All other apprentices are entitled to the National Minimum Wage for their age.
The rates are usually updated every October, so the current rates apply from October 2014.

[Kati]

Re: New Job

also - https://www.gov.uk/national-minimum-...r-minimum-wage

3. Employers and the minimum wage

Employer checks
It’s a criminal offence for employers not to pay someone the National Minimum Wage or to falsify payment records.

Employers who discover they’ve paid a worker below the minimum wage must pay any arrears immediately. Use the National Minimum Wage calculator to work out arrears.
HM Revenue and Customs (HMRC) officers have the right to carry out checks at any time and ask to see payment records. They can also investigate employers, following a worker’s complaint to them.
If HMRC finds that an employer hasn’t been paying the correct rates, any arrears have to be paid back immediately. There will also be a penalty and offenders might be named by the government.
It’s the employer’s responsibility to keep records proving that they are paying the minimum wage - most employers use their payroll records as proof. All records have to be kept for 3 years.

Pay reference periods
Pay reference periods are usually set by how often someone is paid, eg one week, one month or 10 days. A pay reference period can’t be longer than 31 days.
A worker must be paid the minimum wage, on average, for the time worked in the pay reference period.
The minimum wage is calculated differently for some types of worker.

What’s not included in minimum wage calculations
Some payments made by workers must not be included when the minimum wage is calculated.
These are:

• payments that shouldn’t be included for the employer’s own use or benefit, eg if the employer has paid for travel to work
• things the worker bought for the job and isn’t refunded for, eg tools, uniform, safety equipment

What’s included in minimum wage calculations
Some payments must be included when the minimum wage is calculated.
These are:

• Income Tax and National Insurance contributions
• wage advances or loans
• repayment of wage advances or loans
• repayment of overpaid wages
• things the worker paid for that are not needed for the job or paid for voluntarily, eg meals
• accommodation provided by an employer above the offset rate (Ł5.08 a day or Ł35.56 a week)
• penalty charges for a worker’s misconduct

Example
John is 27 and works 40 hours a week. He earns Ł6.60 per hour or Ł264 a week.
He pays Ł15 a week to rent his uniform and the money isn’t refunded. He also chooses to eat in the canteen, and pays Ł20 per week for his meals.
To calculate his minimum wage, John’s employer must deduct the uniform rental from the pay but not the money paid for meals.
This means John makes Ł249 per week (Ł264 minus Ł15) which is Ł6.23 per hour. This is below the minimum wage rate of Ł6.50.

4. Worker disputes over minimum wage
Workers who think their pay is below the minimum wage rate should talk to their employer first.

If this doesn’t solve the problem, they can ask the employer in writing to see their payment records. The worker can take someone with them and make copies of the records.
If an employer owes the worker any arrears they have to pay these back.
Workers can also call the confidential Acas helpline or look at the Acas Helpline Online to help them solve a payment dispute.

If the employer refuses payment
If HM Revenue and Customs (HMRC) find that the employer hasn’t paid they will send them a notice for the arrears plus a penalty for not paying the minimum wage.
HMRC can take them to court on behalf of the worker if the employer still refuses to pay.

Employment tribunal
Workers can also go directly to the employment tribunal themselves.
Workers who have been dismissed because of a minimum wage dispute can also complain to the employment tribunal for unfair dismissal.

[nan]

Re: New Job

Many thanks for posting info for me kati ,and to address your question Amethyst ,thank you also.I am guessing they will just put one hour less worked, than I actully worked, to cover it in their bookwork .So yes, I will be below minimum wage. I am just hoping I can find something else soon .But if I get a new job, I will report them ,if only for the poor people who carnt afford to rock the boat (,mostly overseas workforce) who work there now.

[sean5302]

Re: New Job

Thanks for letting us know.
It's hard enough for people to live on the minimum wage without employers robbing their workers by paying less.
Yes, I know that's an emotive word, but I believe it's true.
Every decent, honest employer has to bear unscrupulous companies who flout the law.
People think "we're all in it together".

[Kati]

Re: New Job

Many thanks for posting info for me kati ,and to address your question Amethyst ,thank you also.I am guessing they will just put one hour less worked, than I actully worked, to cover it in their bookwork .So yes, I will be below minimum wage. I am just hoping I can find something else soon .But if I get a new job, I will report them ,if only for the poor people who carnt afford to rock the boat (,mostly overseas workforce) who work there now.

Personally I would be causing a stink now ... if your employer is going to be 'fiddling the books' to show you working less hours in order to get around not paying you NMW then they are breaking the law and should be reported/stopped

[teaboy2]

Re: New Job

It also raises questions in regards to tax and national insurance if they are fiddling the books - Its also fraud which is a criminal offence!