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Additional work hours with no additional pay
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MChia View Drop Down
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Joined: 30/October/2009
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Posts: 3 		  Quote MChia Quote  Post ReplyReply Direct Link To This Post Topic: Additional work hours with no additional pay
    Posted: 31/October/2009 at 00:13
My employment contract reads

"Hours of Work"
XXX's standard hours of work are from 8.30am - 5.00pm with a minimum of 37.5 hours worked each week. You may be required to work such additional hours as are necessary to achieve the efficient and effective performance of your duties.

Can I be directed to work 40 hours per week, every week based on the second part of the above clause?
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MartinO View Drop Down
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Posts: 1802 		  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2009 at 07:35
Yes, but you should be paid for the extra time. Does the contract specify a weekly rate or an hourly rate?
I am NOT a lawyer. Anything said is NOT legal advice.
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MChia View Drop Down
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Posts: 3 		  Quote MChia Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2009 at 00:30
No the contract only specifies an annual salary. However, the payslip shows an hourly rate.

Besides doesn't the workplace act come into the picture - it states that the maximum weekly hours are 38, and occassional additional hours may be requested. However, I understand that some employees have had to work the 40 hours week in an week out for 8-10 years with no additional pay.
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MsBrown View Drop Down
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Posts: 25 		  Quote MsBrown Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2009 at 09:53
Visit here and call them. Check if your work place agreement is lodged with them or if you are under an industry award. Your WPA can not disadvantage you in comparison to the award.

http://www.workplaceauthority.gov.au

Unfortunately the previous government made it very difficult for workers to feel empowered to negotiate with employers, especially in times of high unemployment. The situation is slightly better under the Rudd government but employees are still greatly disadvantaged. You may be required to "take it or leave it" concerning your contract. I hope not. Take heart that if you are underpaid, even under a contract you agreed to, you are entitled to all of the pay you should have received since you started work.

EDITED to make link clickable.

Edited by MartinO - 02/November/2009 at 11:19
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MChia View Drop Down
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Posts: 3 		  Quote MChia Quote  Post ReplyReply Direct Link To This Post Posted: 04/November/2009 at 09:40
Thanks very much for the link and the words of encouragement. Unfortunately it appears that the workplace ombudsman only looks at cases were the minimum wages are being paid.

Nevertheless I am thinking of testing the court's interpretation of the clause in the Magistrate's Court in WA under the Minor Cases Procedure - any words of advice in this regard? Unless someone stands up to these big corporations they will continue exploiting their staff.
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MartinO View Drop Down
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Posts: 1802 		  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 04/November/2009 at 09:49
Good for you, do that and please keep us informed as to the outcome. Others here may be able to advise on the process of taking this to court.
I am NOT a lawyer. Anything said is NOT legal advice.
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