Overtime records

laurajaney83

I’m interested to know what the legal stance is on overtime for salaried employees. I’ve a standard contract that states overtime required every now and again but manager must agree to it.

My manager is based in another country and doesn’t have a clue what my contract says. He is always asking me to do things outside of my normal working hours. I felt bad and didn’t want to look like I was being difficult, so did the work and didn’t say anything. It’s got to the point that I couldn’t stick it so I’m leaving for a different company that doesn’t work crazy hours.

So hypothetically if something like this ever went to court.... where does something like this stand? Is the onus on the employer to be keeping a record and saying “I know this is outside your working hours, so you’ll be paid X hours to do XYZ?”

Or on the employee?

laurajaney83

Maybe it couldn’t potentially fall under the new Right to Disconnect? I know it’s a guideline but I still think non adherence to it is admissible in court?

berocca2016

laurajaney83 wrote: »

I’m interested to know what the legal stance is on overtime for salaried employees. I’ve a standard contract that states overtime required every now and again but manager must agree to it.

My manager is based in another country and doesn’t have a clue what my contract says. He is always asking me to do things outside of my normal working hours. I felt bad and didn’t want to look like I was being difficult, so did the work and didn’t say anything. It’s got to the point that I couldn’t stick it so I’m leaving for a different company that doesn’t work crazy hours.

So hypothetically if something like this ever went to court.... where does something like this stand? Is the onus on the employer to be keeping a record and saying “I know this is outside your working hours, so you’ll be paid X hours to do XYZ?”

Or on the employee?

Under the working time act the obligation is on your employer to keep records of your hours worked including any breaks. If you're contract says you should be due overtime, ideally it should be calculated off the hours your existing employer is keeping and overtime paid as per the terms of the contract.

Timistry

laurajaney83 wrote: »

Maybe it couldn’t potentially fall under the new Right to Disconnect? I know it’s a guideline but I still think non adherence to it is admissible in court?

Definitely admissible as evidence in court