Job's Terms & Contitions, is this right????

sudzs

Hope it's ok to post this here... move me on elsewhere if necessary.

But anyway, this person is working for an engineering company. The terms and conditions on his contract say he has a salary of say $1xx,000 per annum and doing a 40 hour week.

So on the first payslip covering 2 weeks, in the break down, the 80 hours, ordinary time are followed by an hourly rate of $XX. So they got the hourly rate from the salary and the breakdown of the hours.

So the person took it that any time worked over the 40 hours a week would be paid for at that hourly rate in the same way that when he took a day off, the day/8 hours pay was docked.

The problem is that the nature of the job called for him to work quite a bit of overtime on site over 2 weeks... one week 70 hours and the next week 80 and that was including a weekend.

But the company are only paying 80 hours for the whole 13 days and 150 hours he worked! :eek:

Is that the way it works in Australia?? If you're on a salary that is based on an hourly rate then surely if you work over the set hours then you get paid for them???

Can anyone advise please?

castie

sudzs wrote: »

Hope it's ok to post this here... move me on elsewhere if necessary.

But anyway, this person is working for an engineering company. The terms and conditions on his contract say he has a salary of say $1xx,000 per annum and doing a 40 hour week.

So on the first payslip covering 2 weeks, in the break down, the 80 hours, ordinary time are followed by an hourly rate of $XX. So they got the hourly rate from the salary and the breakdown of the hours.

So the person took it that any time worked over the 40 hours a week would be paid for at that hourly rate in the same way that when he took a day off, the day/8 hours pay was docked.

The problem is that the nature of the job called for him to work quite a bit of overtime on site over 2 weeks... one week 70 hours and the next week 80 and that was including a weekend.

But the company are only paying 80 hours for the whole 13 days and 150 hours he worked! :eek:

Is that the way it works in Australia?? If you're on a salary that is based on an hourly rate then surely if you work over the set hours then you get paid for them???

Can anyone advise please?

If hes salaried then I would not expect automatic overtime without agreement.

Also why was he off work? Even in Ireland your not entitled to sick pay. So its possible if he was off sick they didnt pay him for that day.

sudzs

If hes salaried then I would not expect automatic overtime without agreement.

It's just that on the contract it mentions it was a salary based on 40 hours a week. When he was working out of the office he was doing 40 hours a week. The nature of the job is that you couldn't get it done just doing a 40 hour week on site and then when he saw the hourly rate on the payslip he assumed that when on site and doing the extra hours that are inevitable with this job, that he would have been paid the hourly rate for the extra hours over the 40 hours.

It's the way it worked in any other country he's worked in, but then again the company he's working for is a slippery fish.

Also why was he off work? Even in Ireland your not entitled to sick pay. So its possible if he was off sick they didnt pay him for that day.

He needed to take a day off for personal reasons, he didn't expect sick pay. He didn't even expect to be paid... in the same way he did expect to be paid for working 12 or 13 hour days for nearly 2 weeks!!!

I suppose he'll have to talk to someone in the office about it... or just stick to doing the straight 40 hours on site... the job will take forever

ellaq

Salaried usually means that....no overtime rates apply, no leave loading etc. Depending on what those xx stand for in your pay then this sounds pretty much standard. He should have been made aware however that his job required extra hours when in the field.
13 hours per day salaried sounds a lot in the field, I think it is usually around 10 for professionals.

karl bracken

From my experience if your on salary and its say 104,000 (no where near my actual wage lol) you get 2000 a week and you stay until the jobs done, that seams like the Aussie way.
If your paid by the hour its different so he should check his contract out, if its hourly thats one thing or if its salary that means keep on working until its done...

hussey

Yeah I agree - If he's on the big bucks then unofficially expected to just get the job done, now saying that he cannot be expected to do this all the time as he'll just burn out

Best to have a chat with a few co-workers and then his boss about what is and is not expected.

If he was on an hourly rate then his contract would have said that, so over 8hrs is all apart of it.

Often if he is working dog hours they might arrange time in Lieu for him etc - but he'll have to arrange that with his boss.

cormaclynch

Is he entitled to a site allowance?

Might want to check this out. My job is based on a 40 hour week but our working hours are usually 50-60 per week. As we are salary no overtime but we do get a site allowance which is supposed to cover the extra hours but it doesn't come near covering it! If I ever get moved back to head office to work I'll lose my site allowance but working hours will go back to 40.

I did know of someone who was paid for a 40 hour week and then any overtime the pay was pro rata after that but he was the only one I've heard of.

sudzs

Thanks for all the replies

Is he entitled to a site allowance?

No, but they do pay for his accomodation.

He's not on a bad deal really but when he put in the extra hours over the 2 weeks he thought he'd be entitiled to some sort of recognition in the form of extra pay. There's 6 or 7 from the same company on site there and he was the only one who put in the extra hours. He won't be doing it again!!

castie

sudzs wrote: »

Thanks for all the replies




No, but they do pay for his accomodation.

He's not on a bad deal really but when he put in the extra hours over the 2 weeks he thought he'd be entitiled to some sort of recognition in the form of extra pay. There's 6 or 7 from the same company on site there and he was the only one who put in the extra hours. He won't be doing it again!!

This is quite common.
I work for a UK company and its based on a 39 hour week.
I dont get paid for any overtime even if its out of my control.

Its unfortunate he wasnt aware of it though.
Lesson learned!