Can anyone help with a legal problem...?
our work hours are 4 ten hour nights..mon-thurs
but our bosses at work are expecting us(the workers) to hook a trailor to a van with a machine for work,then drive sometimes upto
2 & half hours to a job & then start our ten hour shift when we get to the job..then drive the 2&half hours back..
but only get paid for 10 hours,not for the 5 hours driving...
one of the lads at work as heard,that we should by law get
paid as soon as we hook the trailor upto the van...
can anyone please help?
any help much appreciated..
Answers:
You should be paid from the time you arrive at work. If you have to travel to the actual job, then the travelling time must be included in your working day.
The only way round this is for your employer to pay for accommodation costs nearer the site.
Travelling for 5 hours a day is not good from a safety point of view. One of you will be expected to drive and they will be tired, increasing the risk of accidents.
You can limit your working hours to 48 in a week, you are way over this at 75.
This company that you are working do not sound very good. Unfortunately, they seem to think that because you work for them, they own you, body and soul.
It is not legal the hours they are asking you to do. They obviously care very little about your health or safety. I would give them an ultimatum. Either they pay for accommodation near the site or you will drive to the job and back within 10 hours. If they threaten to fire you, tell them you will take the matter up with an Industrial Tribunal where they will be a be to defend their working practises.
I doubt they would be willing to do this.
If your place of work is the depot, then you should be paid as soon as you are there. Check you contract in case it specifically covers this, but I think you should be paid for the travelling time..
YOU CAN CONTACT THE LABOR DIVISON IN REGARDS TO THE LAWS.WHAT YOUR EMPLOYER IS DOING JUST DOES NOT SEEM ETHICAL TO ME! IF I WERE YOU I WOULD CONTACT THE BOARD OF LABOR
i know only one thing, you can decline to do it as ur not getting paid and if they sack you, you can get them done for unfair dismissal.
good luck!
Don't know where you are located but most State and Federal laws are going to say you are eligible for four hours overtime pay if what you say is true.
Your on the clock as soon as you pick/hook up the trailer. If you got hurt while connecting and disconnecting this trailer wouldn't you be covered under workers comp.? That should tell you right there that you are on the clock.
Look in your phone book for a workers compensation attorney. I'll bet any attorney worth their salt would love to get a hold of your boss/company.
Tell your boss to get lost, he either pays you for work plus travel time to the job, (ie not from home to work, but travel time from
start place to place where the job is)
Incidentally if the place of work has moved since you were employed to a point further than 9 additional miles he should pay you travelling expenses too.
tell your idiot boss that if u have an accident on the road and u have been at it for 15hrs he will have to sell not only his wifes hole but his own as well to pay for the compensation, u can not be accepted to work 15 hours and operate machinery. now i dont know what this machine is but it cant be a soft and gentle thing if u have to hook it up to a van.
Your time starts when you begin your shift which is presumably when you arrive at work, for which time you must be paid. The fact that you are hooking a trailer up to begin is when you begin your job. You certainly have the right to challenge what is happening to you and could take this matter up with the employment tribunal.
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