Is this right?

[ruth11]

Have been offered a contract to work support shifts. 4 days on, 4 days off, 12 hour shifts. Did the sums based on 12 hours per day.

Have just been informed that although my contract says that I will be working these shifts and that the working week will be 48 hours, I will actually only be paid for 10 hours a day (and therefore 40 hours a week) because "as per legislation I need to take a 2 hour break".

Is this normal? Means I'll take home about a grand a month less than I originally thought I would. Makes the night shifts (7pm to 7am) a lot less desirable too....

[Troll]

bollox to that....walk

[tay]

Its bollox.

[ruth11]

That's what I thought...
I would have expected my contract to state that I would work 12 hours with 2 hours break and therefore only be paid for 10, but it doesn't. It states the working week is 48 hours. Isn't it my right to say whether I have a break or not? The agency isn't my employer and neither is the client - right? (I'm a Ltd co)....
So how do I put it that I'm not happy about that without putting anyone's noses out of joint? The client is one I've worked for before, in a different role/department and I was recommended by my last "manager" to the new one and I don't want to jeopardise that relationship. The agency is also a different one to the previous role.

[Bluebird]

That's what I thought...
I would have expected my contract to state that I would work 12 hours with 2 hours break and therefore only be paid for 10, but it doesn't. It states the working week is 48 hours. Isn't it my right to say whether I have a break or not? The agency isn't my employer and neither is the client - right? (I'm a Ltd co)....
So how do I put it that I'm not happy about that without putting anyone's noses out of joint? The client is one I've worked for before, in a different role/department and I was recommended by my last "manager" to the new one and I don't want to jeopardise that relationship. The agency is also a different one to the previous role.

ask the agency where they got the 2 hour break ?
is it legislation ?

My guess is they figure that for the 2 hours on-site you'll be so bored you'll actually work...

[tay]

Contact the new manager/client contact direct and explain your concerns. I think the agency is pulling a swifty.

[Bright Spark]

if it's a 48 hour week and your only being paid for 40 hours, then makes sense
to increase your rate so that it matches amount you would get paid for 48 hours work.

[Keldin]

Working time regulations say you are limited to a 48 hour week.
http://www.berr.gov.uk/employment/em...page28978.html
However:
You can opt out - as an employee of your Ltd Co you can opt out
This is averaged over a 17 week cycle or longer so you will not exceed the maximum anyway as you will be averaging 42 hours per week

This also doesn't include breaks where you are not working but the agancy is pulling a fast one. There is a chance they are just too stupid to know any better (and lets face it that's pretty good odds) but they are even more dishonest than they are stupid so I would go with the dishonesty option. I would never take a gig where I was forced to take a long break and sit around not getting paid.

I've just got a contract where as a Ltd Co I have to agree to abide by the Working Time Regs with my employees - means my day rate is even better as I can't be made to work long days.

K

[tim123]

That's what I thought...
I would have expected my contract to state that I would work 12 hours with 2 hours break and therefore only be paid for 10, but it doesn't. It states the working week is 48 hours. Isn't it my right to say whether I have a break or not?

No, its is the Client's right. If the client wants you to take a break then that is what you should do.

The Working Time rules may not apply to your Client relationship but Heath and Safety ones do. If the client thinks that it is necessary for you to take a rest from work for health reasons then that is what you have to do.

HTH

tim

[ruth11]

I'm still not sure what to do about this. Not a good time to be out of work, although being a good contractor I can afford to be out until at least Feb if I have to. Don't really want to have to though.
I've just seen the job advertised by another agency (they want more than 1 contractor) and they state in the advert that it's 10 hours pay only.
I wonder if it's being specified by the middle man? This contract goes Agency to Manpower to Client....I know I'm only being paid £2.40 less than the client is paying for me per hour (client told me during interview!), so maybe this is how Manpower are getting their cut? By charging more hours to client but only paying 10 to contractor? Think I might have to call client and find out.