What is the law on working hours and Leiu days?
I work in hospitality and am working 40hours plus a week, and if i get caught taking a break the boss goes ape ****.
and also i can work upto 52 hours a week sometimes and i only get paid for 40, but was told u take the hours off as Leiu days. But the new Resturant supervisor has told us that we are no longer aloud to take them off, so im basially working overtime for free. and NOT gettin breaks either. what should i do?
Answers:
Unless you've signed an opt out agreement (where you sign to say that your willing to work more than 48 hours per week over an average of 16 weeks) then you need to get on to a union, they should not be allowing you to work that many hours! As for breaks, you ARE entitled to a 15minute break for every 6 hours worked, if under 18 then 20mins for every 4 hours! They CANNOT deny you of this! As for not paying for all the hours you work i suggest you nail them to the wall for this, this is unfair treatment, even days off in lieu aren't good enough!! Report them to your union (if you belong to one) something needs to be done before you run yourself into the ground!!! Please see this through, if you need any help with how to do this then please do not hesitate to contact me!!!
if you have a union. use it, it all depends on what state your in. but if your not management they either hafta give you the days off or the overtime.
You work the hours that you are contracted to work and no more. If they want you to work more, and you agree, you agree in advance whether you will receive time off in lieu (TOIL) or overtime payment (and you agree the rate). What you don't have to do is work for nothing!
for every 6 hours u work a 1 hour lunch is offered unpaid , and then to the empyers descretion every 3 hours a 15 min break os offered unpaid , if ur working so much that u donjt like it tell ur boss and cut ur hours! or get a new job !
Hospitality is one of the worst industries for doing that to their staff. You are entitled to your 4 weeks annual leave , but are required to work when it is deemed necessary. Lieu days are dodgy but if it continues you can go down the industrial tribunal route. Also, working overtime and not getting paid is illegal on their part. Let your supervisor know that you are are of this . Do not back down but if you are a good employee you should have no problem. The unfortunate instance is that in this trade , we are all expendable. Keep your paychecks, and clock in details if you can. It is the most corrupt business, i was a manager in a hotel and before that bars, it took me 3 years to go back to college to get out of it. And i went back full-time today as i am waiting on my "sit-down" job. it's still the same, i made a deliberate effort to get out of it.
Under the working time directive you should not work more than 48 hours per week taken as an average over 17 weeks unless you have signed away this right.
There are also rules about your right to breaks. You are entitled to a half hour break if you work for 6 hours. The break does not have to be paid time.
If you are working 52 hours and being paid for 40 then your hourly rate is probably less than the minimum wage - this ,of course, is illegal.
Phone the ACAS helpline 08457 474747.
Your employer is worse than a common thief. He/she is exploiting you and stealing your life.
The best protection for workers is union membership. I doubt that such a bad employer will have a union recognition agreement at the place where you work, but you can still become a member. Look on the websites.
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