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Overtimes, forcing employee


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Hi guys, I would like to ask You about such thing, I'm working for some company , now I'm on probation period for 2 months more (6 at all) my contract contains "it is a condition of your contract of emplotment for overtime to be worked in order to meet customer requirements" , I'm working 4 on 4 off shift 12 hours each, but usually I don't have my 4 days off cause my employer always wants me to do overtimes saying like "you have to" not asking if I can, when I said I'm busy on last days off and can't do this 5 minutes later he came and said like "You are on probation period, if You would not do this overtimes You would not receive permanent contract" is that bullying? Do I have to do always overtimes for him?

 

Looking forward for Your answers, thanks a lot.

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Honestly, I think it depends on the context. My employment contract says something similar, along the lines of 9:30am to 5:30pm with such additional hours as reasonably required to accommodate the needs of the business. The reality is that everyone tends to stay until 7pm or 8pm most nights and often much later, especially juniors. It just seems to be accepted as the done thing in my line of work and no one questions it. There is no overtime but the salary takes the long hours into account. This kind of thing is quite common among financial, legal and accounting professionals.

 

I think there has to be a reasonableness standard implied into that contract though. Working late sometimes to meet customer requirements is justifiable but doing it all the time is probably not. I'm also not sure it can be justified to make you constantly come in on days off.

 

The unfortunate reality is that the employer does not have to offer you a permanent contract. I would suggest keeping your head down and passing your probation before making a fuss. You should also be aware that you have no unfair dismissal protection and thus can be dismissed very easily until you have accrued 2 years' continuous service at that employer.

 

The other thing to remember is that the extra hours are taken into account for the purposes of minimum wage. If there is any danger that the extra hours would take your effective hourly rate below the minimum wage its worth raising this.

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When I had a 6 month probation period it stated the notice was only a week, so I took advantage of this, (many new employers want someone who can start at short notice), so when I was offered new job I jumped at the chance, handing in my weeks notice (whilst my boss was away) and leaving them understaffed :)

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By demanding you do overtime they are making your hours greater than the WTD maximum of 48 p/w. Now, you can opt out of that but you cannot be forced out of that. However you have been there such a short time that refusal will probably cost you the job so as you say, looking for another one is the best option or it could get messy.

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Is this factory work by any chance, and are you a European migrant?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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