Is what our employer doing legal?
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Is what our employer doing legal?
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Since the recession our contract was changed, voted in by the Union. Are working week is 34 hrs, but if work demand picks up we work what is called extended hrs. Currently we have been working 40 hrs a week but being payed 34 hrs. The extra 6 hrs are being banked as time owed, come the end of the year the company can transfer 34 hrs over to the next year but any more they have to pay us off or give us the time off from work. As it stands the company owes me 62 banked hrs, its the same for the other employees too. The company is saving thousands by us working for nothing. Where does this stand legally, since the company is making interest of our money and what about tax laws?. Would appreciate answers from those who know about this kinda thing. Thanks.
If its too confusing i could try and re-explain the way the system works.
Additional Details
Before we voted this in the company had next to no work, but when it was voted in the work picked up and has been extremly busy since. When people had loads of hours banked they started booking holidays off, the company seen what was happening and said we can only have the time of when they say, not when we want them. So far no one has had any hours back, come the end of the year if you have over 34hrs banked they have to pay you off or give time off, but there strategy now is to pay you of until your back onto 34hrs so you are at the carry over limit. There contract is now up for review and the manager wants Saturday to be part of the working week but for banked hours. They say there is no work yet we are working non stop and they want a extra day adding to working week, they have spent thousands on new machinery from the money saved on us, the company is Armstrong World Industries, this is a world wide company so dont be mistaken its a small work place. Taking the micky me thinks.
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strainers555
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they either need to give you lue time or pay you for hours worked, what i would do is go to a trade union and ask them or go to citizens advice bureau, as im pretty sure with "banked hours" they need to pay you/let you take the hours off within a certain period, but double check. If i was you i would be pis***!! |
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fengirl2
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If you are in the UK, then this is legal. You have been offered a new contract and accepted it and are working to it. I should think that the company cannot afford to pay you for the extra hours, so the money is not there in the first place, let alone accruing interest. There are no tax implications as you are not receiving extra pay. Lesson to be learnt here about not just accepting what the union has negotiated. |
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Doctor Deth
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if they eventually have to pay you for that time or give you paid time off, then they aren't saving anything in the long run
if the union approved it - you have nothing to complain about |
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Cala
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Any change to your pay or contracted hours needs to be agreed by the workers or their representative - in this case your union agreed it. What you are doing is similar, in theory, to working flex-time: you bank extra hours and use them to get extra time off. There's nothing illegal in that - you are actually getting something in return for the hours that you work. It does mean that the company don't have to pay you for all the hours that you do work, and they don't have to pay overtime rates, but you get time off in lieu of pay and the union obviously decided that this was an acceptable deal. If the union hadn't agreed to this, then the chances are that redundancies would have to have been made and the remaining workers then each have to do the work of 2 people. |
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