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Hello Friends,

 

In my employment, I have to be on support on weekends every 8 weeks and every I have to be on support till 8:00 PM. There is an official rota and we have to work based on this. Now these hours are over and above the 35 hrs per week that is in the contract.

 

I want to understand weather it is legal for my employer to ask us to work beyond the contracted hours.

 

Can I ask my employer to pay me overtime for the hours worked in past.

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The obvious question, and a good place to start is - What does your contract say? You say that you have to be on support until 8pm, but does this involve working time, or just a period of availability for work should it be required?

 

Does the contract mention payment for 'support' or is it part and parcel of your contract? Are you salaried or hourly paid? How many hours of 'work' is actually involved when averaged over a period? Has this arrangement always been the case, or has it only recently been introduced?

 

It is perfectly legal for the employer to ask you to provide support - with your agreement, with payment as defined by contract and providing that the actual periods of 'work' maintain your wages at the NMW or above and in line with the Working Time Regs. The official contracted hours might be 35 per week, but there may be a clause by which you agree to provide support which on those weeks where you are rota'd to do so for no additional payment.


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Hey Sidewinker,

 

Thanks for your reply.

 

Well my contract does not say anything about support.

 

The contract says that I have to work for 35 hours per week and any overtime must be agreed in advance. But there are many assignments which officially necessitate me to work more than 35 hours.

 

So am I legally eligible for overtime, given that the employer itself has stipulated the time of work and which extends beyond the agreed contracted hours.

 

Thanks

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Are you salaried or hourly paid?


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