Overseas Role with UK Company. No Annual leave. Is this contract legal?

[anonlurker123]

Hi There,

 

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.

 

 

No Overtime

"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."

 

Training Costs

"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.

 

 

AnonLurker

Edited March 9, 2015 by anonlurker123

[Emmzzi]

What does the contract say the employers registered office is?

[anonlurker123]

Registered in the United Kingdom.

 

Jurisdiction

Your contract shall be governed by and interpreted in accordance with English Law. The parties hereby submit to the exclusive jurisdiction of the English courts

 

 

In addition to the above, there is also the following I am concerned about.

 

Leaver fee

At commencement of each summer assignment with the Company, you will be financially bonded as security, against the event that your employment is terminated by reason of your resignation or dismissal prior to the end of the assignment. A payment of 25% of your first full months salary will be deducted against costs incurred in relation to administration and travel in this event.

 

So if you do not complete the full contract, they want to charge £300 for the training costs + 25% of the first months salary.

[Emmzzi]

I can well imagine it's the kind of job that peopel leave early as it's much harder work than it looks on the telly... and the reps can be young and overly drunk... and having got a cheap flight out and somewhere to stay in a nice warm place.... I can think of a dozen reasons to dismiss for gross misconduct without trying...I think it's all ok. but it is tough, badly paid hard work.Check the leave stuff here.https://www.gov.uk/holiday-entitlement-rights/entitlement

[anonlurker123]

Thanks for the reply.

 

Its not a rep role as such. More office based.

 

I have looked at the holiday entitlement .gov webpage and I am remain uncertain as to whether or not the contract is legal. Can an employer require you to work 6 days a week, and force you to take half a days annual leave per week?

 

If so, the whole concept of holiday entitlement is not legally secure from an employee point of view. Or am I missing something?

[Emmzzi]

Am employer can absolutely dictate when you take your holidays and because you are a seasonal worker different rules apply about rest breaks.You sound like you do not want to take the role.. there is no obligation to!

[anonlurker123]

I am desperate for a job atm. So I don't have much in the name of leverage. Your assumption that I am under no obligation to take the role is therefore incorrect.

 

This is why we have employment rights, otherwise in the name of economic hardship, the most efficient capitalist organisations would make employees work 18 hours a day, 7 days a week. I'm sure workers in apple affiliated workshops in Asia are under 'no obligation' to take up their role, but the reality is different.

 

I am surprised that a company can essentially withdraw annual leave via a contractual loophole.

 

Any other opinions?

[Emmzzi]

you're going to be overseas dependent on them for a roof over your head and cash

 

d you really think knowing the letter of the law and your rights is going to make a difference on the ground?

 

Go, or don't....

[anonlurker123]

Any non self-righteous opinions?

[ericsbrother]

You have been offered a job with rubbish terms of employment as a fixed term contract. You can either walk away from it or accept it and go out there and feel aggrieved about it all afterwards.

Personally I wouldnt touch it with a bargepole but many people will do it and complain afterwards and that is why they dont have to change things. If no-one took up the position they would be stranded up a creek without a paddle and have to offer better terms.