I’m in a salaried multi drop job. I’ve been there 6.5 years and enjoyed it until just over a year ago. I have a 16 month old little girl and hardly see her during the week, even though i leave the house at 4:30am. She’s usually asleep by the time i get home. I know my plight will seem like nothing compared to guys who do nights out, but hand balling 60 hours a week is killing me. I’m constantly owed time in lieu and it’s a fight to get back the time owed to me at the end of each reference period to ensure my average hours are 48.
I just want to ask you guys a few questions. I’ve been to my union (T+G/Unite) and they’re a waste of time. The shop steward is well looked after, so doesn’t care. Human resources are a complete joke, with no knowledge of the RTD. My next port of call will be ACAS i think.
Can i refuse to work over the 48 hours im salaried for?
Can i refuse to work over 12 hours?
Can they carry hours owed to me forward into the next reference period?
I know i’m lucky to have a job in the current financial climate, but i have to stand up for my rights.
a lot of what you are asking would depend on what is written in your contract of employment,
you didn’t say what sort of vehicle you are driving? is it tacho’ed or a van?
i suspect in your contract some where it will say somewhere that the 48hrs can be extended as and when required, due to the nature of the job and demand.
i asume that you don’t get paid for any hours over the 48 that you do?
as for carring hour forward ect i don’t think you can do it, the way i understand it the average is time worked and not time paid for. but i might be wrong
wildfire:
a lot of what you are asking would depend on what is written in your contract of employment,
you didn’t say what sort of vehicle you are driving? is it tacho’ed or a van?
It’s an 18 tonne Scania, so tacho’ed.
wildfire:
i suspect in your contract some where it will say somewhere that the 48hrs can be extended as and when required, due to the nature of the job and demand.
It just says contracted for 48 hours per week.
wildfire:
i asume that you don’t get paid for any hours over the 48 that you do?
Nope, not a penny.
wildfire:
as for carring hour forward ect i don’t think you can do it, the way i understand it the average is time worked and not time paid for. but i might be wrong
Yeh i think so too, they do have a loophole, which is too complicated to go into here, where they can legally ‘zero’ any annual leave over the statutory 20 days, but they still have to give me the time back by law.
wildfire:
a lot of what you are asking would depend on what is written in your contract of employment,
you didn’t say what sort of vehicle you are driving? is it tacho’ed or a van?
It’s an 18 tonne Scania, so tacho’ed.
wildfire:
i suspect in your contract some where it will say somewhere that the 48hrs can be extended as and when required, due to the nature of the job and demand.
It just says contracted for 48 hours per week.
wildfire:
i asume that you don’t get paid for any hours over the 48 that you do?
Nope, not a penny.
wildfire:
as for carring hour forward ect i don’t think you can do it, the way i understand it the average is time worked and not time paid for. but i might be wrong
Yeh i think so too, they do have a loophole, which is too complicated to go into here, where they can legally ‘zero’ any annual leave over the statutory 20 days, but they still have to give me the time back by law.
how do they give you the time back? is it by extra time off?
Malky80:
If i’m owed 48 hours, they give a week off. If i’m owed 18 hours, they give 2 days off, etc. Each day is 9.6 hours, going with a 48 hour week.
so, do they give you the time off or not?
in your OP, you insinuate that they don’t, but in this post, you say they do, so, which is it?
not having a go, but just asking for clarification
Malky80:
If i’m owed 48 hours, they give a week off. If i’m owed 18 hours, they give 2 days off, etc. Each day is 9.6 hours, going with a 48 hour week.
so, do they give you the time off or not?
in your OP, you insinuate that they don’t, but in this post, you say they do, so, which is it?
not having a go, but just asking for clarification
I said it was a fight to get the time owed to me back. They do give time back, but they try to carry it forward as they owe too many drivers time at the end of each period. Most of the drivers i speak to just accept it, but that would mean their average was above 48 hours at the end of the period, which defeats the purpose of having the reference period.
I appreciate there are two mind sets when it comes to working time limits. Salaried guys want to use it to protect them from working more than their paid for and paid by the hour guys see it as a nuisance, which hampers their earning potential. All i want at the end of the day, is to do the hours i’m paid for. The ball ache of arguing for time back does my head in.
Anyway, the end of our reference period is next week. I told them on Monday they were having a laugh if they think i’m carrying forward hours to the next period. Today i got a letter telling me i’m off tomorrow and 3 days next week, which will square up my hours.
Even though thats sorted, i’d still like to know if i can refuse to work over 12 hours. A few folk i’ve spoken to, including a supervisor at the work, have said working beyond 12 hours was down to driver discretion. My manager doesn’t agree, but seemed to be unsure when i put it to him.
technically, any time worked over your contracted hours would be classed as overtime, overtime is voluntary, unless specifically written into your contract
but, if you was to stop after 12 hours, if you are still out on the road, what are you going to do?
just park up and have a night out? kind of defeats the object of seeing your kids more
if not in your contract, you can refuse to do the extra hours, but, your company can make it difficult for you in other ways
personally, i can’t see the problem, if you get the hours back, then why not?
If your on a salary it’s different than being paid by the hour :
An employee who is paid a salary is expected to complete a whole job in return for the salary. This is different from a non-exempt employee who is paid an hourly rate or by the piece produced. This employee is generally eligible to collect overtime.
The salaried employee or employee who is paid by salary does not track hours worked and is not paid for overtime. (Some public sector, often union represented, employees expect to account for hours and collect compensatory time off. This is not the norm in the private sector.)
So as far as I can see your getting the time back and can’t see a problem with it, apart from the fact your having to ask for it.
Malky80:
I’m in a salaried multi drop job. I’ve been there 6.5 years and enjoyed it until just over a year ago. I have a 16 month old little girl and hardly see her during the week, even though i leave the house at 4:30am. She’s usually asleep by the time i get home. I know my plight will seem like nothing compared to guys who do nights out, but hand balling 60 hours a week is killing me.
M8, i lived this for a year, untill 2months ago and i used to travel 26miles to go through it.
My way out of it was to cold call every company and ask friends if they new of any jobs going and luckily, i got one thats Paid by the hour and overtime available and the work is hard but i`m not carrying 80kg boxes on my jack. My last job was 48hr salary and home delivery, everyweek would be a 60+ hour week, guaranteed pain in my ■■■!
i did get monthly bonus but by the time you worked all them hours, it wasnt adding up
If you generally think the job is ok (apart from the hours thing), then maybe fight to get what you want. In all honesty, me just getting the **** outta dodge did me the world of good. im home to say goodnite to my nipper and even if im out l8, i`m still getting paid, which is always nice for extra money.
Goodluck with what ever you decide to do or not do m8.
I’m constantly owed time in lieu and it’s a fight to get back the time owed to me at the end of each reference period to ensure my average hours are 48.
I just want to ask you guys a few questions. I’ve been to my union (T+G/Unite) and they’re a waste of time. The shop steward is well looked after, so doesn’t care. Human resources are a complete joke, with no knowledge of the RTD. My next port of call will be ACAS i think.
Can i refuse to work over the 48 hours im salaried for?
Can i refuse to work over 12 hours?
Can they carry hours owed to me forward into the next reference period?
I know i’m lucky to have a job in the current financial climate, but i have to stand up for my rights.
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shuttlespanker:
technically, any time worked over your contracted hours would be classed as overtime, overtime is voluntary, unless specifically written into your contract
but, if you was to stop after 12 hours, if you are still out on the road, what are you going to do?
just park up and have a night out? kind of defeats the object of seeing your kids more
if not in your contract, you can refuse to do the extra hours, but, your company can make it difficult for you in other ways
personally, i can’t see the problem, if you get the hours back, then why not?
you get more paid leave
Na, i’d make sure i was back in the depot upon reaching 12 hours. The problem is, i have to fight to get the hours back, which is BS. If i didn’t they’d carry the hours over into the next period, which they aren’t allowed to do, but that doesn’t stop them trying it on. The problem is some of my colleagues put up with this through fear or ignorance, which only encourages them to continue. So if they want to be awkward, i’m going to play them at their own game. Thats why i wanted to find out the facts before i proceed.
