I recently accepted a role for a large travel company working abroad (in Turkey). Staff are put on temporary short-term contracts with wages to a UK bank account. My main concern is the contract and the right to annual leave. As far as I am aware, UK employment law still applies as it is a temporary contract based overseas.
In the contract, it says employees work 6 days a week and all employees must take half a days annual leave each week. As a result, all employees essentially work 5 and a half days a week. My question was whether or not this was legal, and if so, why don't all companies do this if they don't fancy paying staff annual leave? It all seems a bit underhand and I am wondering if it is worth challenging either before or after I finish work with the company.
I am also concerned about the contract including an opt-out for the 48 hour a week, considering the wage is a few hundred short of £1000 a month. However, accommodation is included. With this in mind, I assume minimum wage obligations are being met by the company? I work it out as £3.50 an hour (exc. free accommodation).
Here is a selection of text that I am concerned about. Any advice is much appreciated.
"Your salary will be paid by equal monthly instalments in arrears less any deductions required by law or agreed between you and the Company. No overtime payments will be made for additional hours worked."
"You are obliged to pay a fixed amount of £300 or consent to allowing the Company to offset this amount against your final salary, as a contribution towards trainings costs incurred if:
"The Company dismisses you for poor performance or unacceptable behaviour within your first assignment period.
Should your final salary not cover the full amount of the training costs incurred by the Company, the Company will endeavour to recover the outstanding amount from you."
Taking Annual Leave
You will generally be required to take 1⁄2 day annual leave per week during your period of employment. Prior to booking any additional annual leave, you should discuss and agree the dates with your Manager. If you do not use your holiday entitlement in the relevant holiday year, the entitlement will be forfeited except in exceptional circumstances where the Company agrees in advance to the carrying over of holiday. Payment in lieu of any annual leave will only be made when you leave the Company. (For the avoidance of doubt, you will not be entitled to any payment in lieu of the entitlement in any other circumstances).
Any thoughts or legal opinions shall be much appreciated.