Guaranteed working hours. .?
Find answers to your legal question.
Guaranteed working hours. .?
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I pay one of my employees 40 hour basic week plus 5 hours guaranteed overtime. Sometimes he works the overtime and more and other times he only works 40 hours but gets paid for 45. He is not happy. He has now started to say that he will not do overtime because he gets paid anyway. He is a difficult character and I have basically had enough. What are my options. Is it legal for me to change the pay arrangements and tell him that he is on a basic 40 hour week and overtime to be paid if and when he works it? Sorry if I have rambled.
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firebobby
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You are within your rights to change his conditions of employment, in writing, with a period of notice equivalent to his pay period. |
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Charlene H
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you have the right to change your mind....if he doesnt work 45 hours then dont pay him for it pay him for what he works for and thats it or get rid of him....thats what i would do |
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yallerose
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Consult your HR manager, or your District Manager, and make sure but I believe you can tell the employee that if they are not available to work the overtime then the company is not committed to paying it unless the employee is available to work it. |
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kapn
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If he is difficult...get rid of him....there are tons of good people out there...next time don't guarantee 5 OT...pay it as you require it...your too nice of a boss. |
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Cari
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Yeah I see his point ... why did you "guarantee" him overtime in the first place?!
What does it say in his contract? Is he contractually guaranteed of the overtime payment? If so, then you amend the terms and conditions of his employment. You should give him a month's notice in writing of this. Be prepared for him to be very difficult about it, since you say that he is a difficult character anyway, but know that legally you are in the right.
If he's not contractually guaranteed of the payment, then it's very easy to stop it - you don't have to put it in writing, and you don't *really* have to give him any notice, although I would unless you can afford for him to walk out on the spot.
I'll tell you what I think the most likely scenario will be. You give him the correct notice of the terms, and he will understandably be unhappy about this. He might seek legal advice, and will be even more unhappy when told that you are in the right. He'll either quit, or he'll stay but be very difficult and make your life miserable. If it's the first one, then you'll hire a replacement and now you know that you shouldn't guarantee them overtime. If it's the second one, then make sure that everything is documented properly in case you end up needing to terminate him. |
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Judy
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Actually it's not legal for you to do it the way you have been. Paying him extra for weeks he doesn't work the overtime is legal, but if he works over the 5 hours extra that you are paying him for you are required to pay him OT pay for the extra hours.
Sure it's legal for you to change the arrangements. Just tell him that from now on, he will get paid for the hours he actually works, no more and no less. |
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confucious says
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the answer to your question is yes you are within your rights to do what you state gimme a job!!! |
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leysarob
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If you don't have a legally binding contract in place, then simply change his hours. Stop paying for work not performed. Why would you have set that up to begin with!! |
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jackie m
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Don't pay him for overtime unless he works for it. - Put my name on your books for overtime only and I wont turn up but send me a cheque each week - would you? well that's the same as that guy. |
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wotaclot
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Yes you are well within your right to change his working conditions with a three month notice but make sure you draw up a new working contract stating what the new requirements are to be and that he signs it this way he has not got a leg to stand on,
but what you have to watch out for is that if you have any other
employees on the same contract they must be seen to have their contracts changed as well or it could be misconstrued
as victimisation |
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ccosj
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well you guaranteed it make sure he works it but if he dosen't want to do it don't pay him |
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