Can a employer add in overtime without asking first? Does the employee have to do the overtime?

foo_fighters_fan_2002

Generally no, but it kind of depends upon the content of your contract of employment and the nature of your employment. Most contracts of employment include a clause saying that you will be 'expected to work such overtime as is reasonable to ensure the effective performance of your duties'. This clause is why I say that it to some extent depends on your position and responsibility. If you were for example a policeman about to make an arrest, you couldn't be like 'oh shifts over, you take it from here bob'

I actually found myself in the same situation when I was working for the poorest excuse of a manager I've ever seen. He scheduled me to work saturday and sunday when i was only contracted for saturday. Basically the stand point is that I had agreed to work Saturdays. That was the contract. Since he didnt ask you there cant have been an agreement that you would work this over time. Not only is it just plain politeness to ask if you could work extra hours, he has no recourse if you turn around and say 'sorry but no'. If he says 'well theres nothing i can do now, its on the schedule, its been sent off to head office' or whatever, dont back down. Tell him 'tough' firstly the fact that its scheduled makes no difference, I didnt agree to the extra hours and secondly you're just going to have to phone the head office and explain your mistake. Obviously if you CAN do the overtime, it might be a good faith to just do it if your manager is really a nice guy but obviously explain to him that youll do it this once and that he must ask you again because you wont bail him out i.e. make it clear that you are doing him a huge favour. If you cant work it, go with what I said above.

davidmi711

Since you have a contract, the answer would be in the contract.

KAB806

Any hours that are more than your contracted hours need to be confirmed by you.
You only have to work the hours you agreed to in your employment contract.

sensible_man

Depends on the language contained in the contract. Read it over well. Make sure you are aware of reasons you can be terminated since this will probably be the next problem you will encounter.

inkedgrrrl

You need to check your contract. You could find that it states the 'normal' working hours, but if it's like mine then it could also say that you're expected to stay on to work additional hours if the work is required (ie if something HAS to be done by the end of the day, then we're expected to stay until it's finished).

Just check your contract and it should tell you :)

aires69uk OFFICIAL

Not unless it's in your contract. Overtime is exactly that - overtime. Go and see your local CAB.

Han

Check your contract. If it says anything about extra hours, or you've signed something to say you agree to work over the norm as and when necessary, then yes you will have to do the overtime.

They should give you reasonable notice.

isabelledustylo

It depends on what was in your contract, and it's not always time and a half.

For example, an hourly employee might have to work overtime, but that would generally be at time and a half... thus, the company would probably choose NOT to schedule that employee hours in excess of 40.

BUT a salaried employee just needs to get a task done, regardless of the number of hours that requires (my fiance works 60 - 80 hours a week some weeks, others only 30 hours). This is when your contract is important. Some states stipulate that salaried employees still only work 40 hours, but some do not, and in that case, your contract may quite clearly state that at times required overtime is necessary and enforced. In which case, no it's not optional, and yes you must work it - you signed a contract stating you would do so. Find your copy of the contract and find out.

FitGuru

i worked in a plant, and they could tell us that we had work overtime even though there was no contract that i can remember, and if we refused they could fire us

thierrysmum

it depends on what your contract says,i worked in asda and it was a noted thing that if there was overtime available they would expect you to offer to cover some it was not compulsary but the thing i noticed was those who did not do it were the first out the door when people were not needed so it was in your best interest to do it really.

Tom S

This is a very gray area. It all depends on what type of work you do. For example Salary IT people are suppose to work 40 by their contract. IT departments in Companies usually consider 55 Hours a standard week. It is not written but it is expected. As well as being on call 24-7 365. The way the current labor laws are written it does not protect an employee that is salaried. However there is a law that says that a typical salaried employee can work up to 60 hours and it be considered fair labor practices. If you are salaried you usually will not get paid for your first 60 Hours of work. I do believe there is something that does state that if work over 60 is performed that the employee will be compensated at straight time OT. You really need to check with your state labor agency. It is different but an employer can expect, you do not have to work it, and he has the right to terminate you for failure to complete tasks. So before you make any rash decisions of saying NO I WILL NOT WORK THE EXTRA, Investigate and decide if in the current state of our Economy if it is a bright idea to be unemployed.

estielmo

If you want to keep the job you may have to do it.

Shy Starlet

I think they have to request it from you first and you have the right to deny it if you want to. You're only mandated to work the hours you have agreed to in your contract.

Evil Laurie

Why wouldn't you want overtime. More money. We all need more money and you're lucky to have a job and the over time. I'd love it.

Chad P

i'd just do it do you get overtime pay? but regardless contract or not if you don' t he could release you from your contract.

Ed P

Its a cant win deal Complain and they will make life hell . I complained to the union won .Life was hell after that Had to retire early After stress related heart problems . they never even called or went to the hospital 25 years of loyal service I hope to P on there graves

locopoco

Depends on the wording of the contract, that should be you first stop. But remember, when your contract is up the may find someone who will do overtime when needed, so think long term before taking any action.

scottish_lass

THEY NEED TO ASK U, OR GIVE U NOTICE OF INCREASING OR DECREASING UR HOURS. iF IT IS A ONE OFF AND NOT TO BE MADE PART OF A NEW CONTRACT THEN NO U DONT HAVE TO DO IT.

vbenjamin92

The original contract that you signed is they one the need to abide by they cannot makes changes after the fact. Then again you could be fired for no reason real soon for insubordination.

PSOs gal

Usually you would have to first refer to your contract and then to your boss to see if the budget can fit you into the schedule. You should talk to your boss in charge of scheduling to see if this is possible. They may be able to use you more during the holidays rather than on a regular business week. Doesnt hurt to ask.

Mr Nice Guy

Overtime is consider anything over a 40 hour work week. And to answer your question a employer cannot force you to work more then your regular work schedule which is 8 hours a day and 40 hours a week. Check your contract to see what it does say.

smurf

an employer can ask you if you want to work some overtime if you wish but i do not think it is compulsory. from smurf

Juan R

Are you hourly or Salary? Did the contract cover over-time? Most contracts have something in it covering it you just have to check the wording. If your salary you are subject to whatever the company wants because you're being paid a set amount for the year regardless of the hours required by the company.
If your hourly and union, check your union contract, it is covered by seniority. Low man on-the-totem-pole gets stuck with just about all unwanted over-time by the senior people.
Non-union- your at the companies beck-and-call or lose your job.

Tina

No they are not allowed, you chose if you want to work overtime or not. Unless when you signed your work contract it stated that you will work so many hours of overtime.

gamer_buddy

do you need the extra hrs? if yea then might as well do it. 1 1/2 pay never hurts :D

Mr TEL

This represents a change in working practice. You should technically get a new contract for this. There is another way they can do it known as appending to an existing contract to suit changing business needs.
Either way they win.

ipawel2003

are you stupid TAKE THAT OVERTIME....people WISH they can get overtime....nevermind a job on top of it lol .... but yea i agree with the rest....unless u have some type of contracted job that has something stated inside about overtime then yea you have to otherwise no....u cant be forced to do overtime

Jacqueline S. Gould

No Way!! my parents own a business, and if they did that the wouldn't have a staff.Any employee that has been scheduled for overtime without their consent can refuse to do it, and bring it up with their employer at an appropriate time, in a professional way. but you should definatly look at the contract you signed carfully.

davis1806

According to the Department of Labor, unless exempted from the overtime regulations, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

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