employment contract help!

[kierangurney]

hi guys,

i have just been employed as a full time climber, my employment contract reads "hours of work

you are employed to work full time

your normal working hours are 40 hours per week

you will work on the following days: Monday to Friday

you will normally work between the hours of 7:00am and 3:30pm"

 

After being told not to come in Monday as it would be difficult to get the trucks out the yard, and then the same Tuesday which i then asked to take as holiday. I have now been told not to come to work for the rest of the week due the boss feels we cant work in this weather. I am more than able to get to work and able to work, i am wondering if he should be paying me for the 40 hours this week as it is his choice not to have us in.

I have done some research on the citizens advice bureau and found this.

 

Citizens Advice - Work and the snow: your rights

 

Should i confront him about this and ask that he pays me for this week as i still have bills and everything to pay. Any help would be much appreciated guys thank you

[VEG]

Speak to your boss first to find out what you will be paid. Then go from there. Ask nicely or you may not work there long.

Edited January 22, 2013 by VEG

[Yorkshireman]

importantly does he intend that you are getting these holidays as paid or unpaid ?

 

If he's paying

In all truth ,, if your boss gets you in now to do unpaying work then in most likelyhood , they wont be getting paid themselves .. as I dont know of any companys that get paid not to deliver services

 

put yourself in their shoes , he's paying you , through holiday pay

 

granted you may not want to take holidays on those days & have them at some other time

 

But if you turn in for paid work now , which isnt likely to be earning the company any money, tiding the yard sharping saws or whatever

 

then you later take holidays in good weather periods when the company can be out making money [income from which is used to pay things like wages] ,they either dont earn anything or earn less money, due to productivity [ men on site hours ] or they pay out more to someone to do your work whilst your on paid holiday ,

 

In the current climate anyone who can keep employing people is doing very well indeed

please also bear in mind that an employer can dispense with your service within 2 years & you have no redress for unfair dismissal

 

Personally I'd thank the boss for the paid time I was sat at tucked up @home on wages whilst its snowing

 

just another perspective

Edited January 22, 2013 by Yorkshireman

[Lyncombe-climber]

importantly does he intend that you are getting these holidays as paid or unpaid ?

 

 

In all truth ,, if your boss /employer doesnt get you to do work then in most likelyhood , they wont be getting paid themselves .. put yourself in their shoes , he's paying you , through holiday pay

 

granted you may not want to take holidays on those days & have them at some other time

 

But if you turn in for paid work now , which isnt likely to be earning the company any money, tiding the yard sharping saws or whatever

 

then you later take holidays in good weather periods when the company can be out making money [income from which is used to pay things like wages] ,they either dont earn anything or earn less money, due to productivity [ men on site hours ] or they pay out more to someone to do your work whilst your on paid holiday ,

 

In the current climate anyone who can keep employing people is doing very well indeed

please also bear in mind that an employer can dispense with your service within 2 years & you have no redress for unfair dismissal

 

Personally I thank the boss for the time I was sat at tucked up @home on wages whilst its snowing

 

just another perspective

 

I thought it was a year?? Forgive me if I'm wrong

[Yorkshireman]

nope two ,, brought in by the new government effective date 6 April 2012,

Edited January 22, 2013 by Yorkshireman

[Lyncombe-climber]

Ohhhh missed of missed that one. That's my new thing learnt for the day

[bigdave]

EDIT beaten to it

[Rupe]

Remember the boss doesnt pay people when on holiday, he simply spreads their money out over a year so they still get the same amount while on holiday.

 

Now, in this case you need to know if he intends to pay you or not. And if he does pay you then is he expecting the days to come out of your holiday entitlement or not.

 

He is NOT allowed to pay you nothing!

 

He IS allowed to make you take it out of your holiday or to make up the time throughout the year.

 

As you have only just started you dont know what kind of person he is. If (throughought a year) you never get a penny for any hours worked past 3.30 (I dont believe you will be packed away and finished by 3.30 every day) then making you lose holiday time would be really unfair.

 

If however you never get paid any overtime but he pays you the snow time and calls it quits then thats better.

 

If you get paid for every hour of overtime you work then you are very lucky and if you lose some holiday when it snows then fair enough.

 

So you need to see how it all pans out rather than take this one event too seriously.

 

We all know the bosses dont get paid if the work is not getting done but they are the ones with freedom to do waht they want and they take the "risk" on jobs that dont go to plan. That risk does not get passed down to employees, they need paying whatever happens and if he's losing too much to snow then some better vehicles would be a good investment.

[Yorkshireman]

Remember the boss doesnt pay people when on holiday, he simply spreads their money out over a year so they still get the same amount while on holiday.

 

Now, in this case you need to know if he intends to pay you or not. And if he does pay you then is he expecting the days to come out of your holiday entitlement or not.

 

He is NOT allowed to pay you nothing!

 

He IS allowed to make you take it out of your holiday or to make up the time throughout the year.

 

As you have only just started you dont know what kind of person he is. If (throughought a year) you never get a penny for any hours worked past 3.30 (I dont believe you will be packed away and finished by 3.30 every day) then making you lose holiday time would be really unfair.

 

If however you never get paid any overtime but he pays you the snow time and calls it quits then thats better.

 

If you get paid for every hour of overtime you work then you are very lucky and if you lose some holiday when it snows then fair enough.

 

So you need to see how it all pans out rather than take this one event too seriously.

 

We all know the bosses dont get paid if the work is not getting done but they are the ones with freedom to do waht they want and they take the "risk" on jobs that dont go to plan. That risk does not get passed down to employees, they need paying whatever happens and if he's losing too much to snow then some better vehicles would be a good investment.

 

Yep Agree with Rupe on this

[Marc Lewis]

Spot on there Rupe