Unpaid overtime - factored into one's salary??

jmcgrath

Hi, I'm looking to gauge people's thoughts on something I noticed in an employment contract I am considering. As you would expect, it sets out hours of work etc, but being a small company (perhaps especially) it says

"However, and as you have already been made aware, you may, from time to time, be required to work outside of these hours."

Which I don't have a problem with, despite being unpaid. The company has a habit of providing time in lieu for long periods of overtime (say working on a weekend or for a number of hours at night), but usually doesn't blink twice at smaller periods, like an extra hour each evening etc.

The next bit in the paragraph caught my interest:

"Allowance has already been made for this commitment in the calculation of your remuneration."

Does this sound right? They don't state a 'basic pay' figure in the remuneration section, which is then supplemented by their calculation of what classes as an arbitrary overtime allowance to cover all incidences of overtime (long or short); just gross remuneration per annum.

Maybe it is worth mentioning that the contract also stipulates that I am responsible for determining the duration of my own working time and that Part II of the Working time act does not apply (which if recollection serves, applies to break periods after x amount of work).

Has anyone seen anything like that point on unknown overtime being factored into your salary and do you have any thoughts to share on how I should approach it?

(I accept I should consider exploring legal advice if I feel it is dodgy, but your opinion would be of interest).

Thanks.

toadfly

My contract says similiar, something like your working hours are blah blah but any hours worked over that are sometimes necessary and your salary has been compensated for these hours. It's bull but standard where I work. I only get time in lieu if I work a full day at weekends or bank holidays never back for working extra hours day to day.

Mr. Loverman

If you can tell us the job, your education and experience, and the salary they're offering, we can give you better advice.

Obviously if they're paying you a high salary for your role, than it's probably fine.

boobar

toadfly wrote: »

My contract says similiar, something like your working hours are blah blah but any hours worked over that are sometimes necessary and your salary has been compensated for these hours. It's bull but standard where I work. I only get time in lieu if I work a full day at weekends or bank holidays never back for working extra hours day to day.

Same here, and I'd say this pretty common in many contracts.

Eoin

Yep, that was in my last contract too - possibly my current one as well. Not unusual in IT anyway.

Once it doesn't effectively result in you being paid less than the minimum wage, or working too many hours then I don't know if there are any legal issues.

The bit about your salary being adjusted is pretty meaningless - I'm sure any employer can point to company paying less money, and the employee can find a role paying more.

al22

Working abroad in many places

If one is a manual ordinary worker - companies always pay for every overtime in full or even double

If a manager or boss or in administration - ou can work 2 hours daiy and weekends? but no extra pay/salaries. You suppose to be a manager and must be manage to do your job on-time and without the overtime. Then you wages are much higher anyway iun many cases, so - no extra payments.

Do not know about Irish system.

jmcgrath

Thanks for the input everyone.