G’day
What’s your opinion on ‘‘mixed’’ weeks where you don’t work the entire week (say you work 3 and take 2 off as paid holiday) in regards to overtime rate calculation? Say your OT rate kicks in after hour 40, you work 30 hrs and have 16 hrs paid as holiday totaling 46h, should the 6hrs be paid at OT rate since the 16 do apparently count towards WTD?
Holiday Pay where overtime is compulsory is calculated as an average of the previous 12 months daily/weekly pay so it’s irrelevant.
I don’t think you’re gonna get that 6 hours paid as OT. Nowhere I’ve ever worked has paid their employees in such a way.
I can see the argument for it but I think they’ll want 40 worked hours out of you before they give you OT.
Conor:
Holiday Pay where overtime is compulsory is calculated as an average of the previous 12 months daily/weekly pay so it’s irrelevant.
Where I’m at it’s the first 20 days hol are paid @ avg. rate but the other 8 days are paid at base hourly rate. For this example we’re talking hol paid at base rate
Conor:
Holiday Pay where overtime is compulsory is calculated as an average of the previous 12 months daily/weekly pay so it’s irrelevant.
That’s not what he’s asking.
My contract states 50 hours per week, meaning I get overtime after that. If I for example take one day off then my overtime kicks in after forty hours and so on.
the maoster:
Conor:
Holiday Pay where overtime is compulsory is calculated as an average of the previous 12 months daily/weekly pay so it’s irrelevant.That’s not what he’s asking.
My contract states 50 hours per week, meaning I get overtime after that. If I for example take one day off then my overtime kicks in after forty hours and so on.
So if you had done 48 hrs in the first 4 days and you knew they had a habit of giving you a 2 Hrs run on Friday, you’d be better to take Friday as holiday [emoji6]
the maoster:
Conor:
Holiday Pay where overtime is compulsory is calculated as an average of the previous 12 months daily/weekly pay so it’s irrelevant.That’s not what he’s asking.
My contract states 50 hours per week, meaning I get overtime after that. If I for example take one day off then my overtime kicks in after forty hours and so on.
Yes this for me too.
OP have a mooch at your T&Cs as you can see its a varied thing depending on the contract and company.
For me if I have a day off on holiday my overtime kicks in a day earlier. So my normal contract is overtime after 46.25hrs (9 25hrs per day) but if I had a day holiday my overtime would kick in at 37hrs, two days holiday overtime would kick in at 27.75hrs etc etc
It works the other way for me too, ie if I’ve done my contracted weekly hours in four days (very very unlikely) then I can sack the fifth day off.
I’d love a two hour run on a Friday! However irrespective of how many hours I’d done during the week I’m guaranteed ten hours daily or twelve hours if I’m on a night out.
Yes my holiday days would count as basic hours worked, 8 hours per day or 7 on a Friday, then ot after 39 hours.
I can’t think of any job I’ve had that had an ot rate that didn’t work this way, they’re trying it on not paying you the ot rate, but as a higher ot rate isn’t a legal requirement it’ll depend what it says in your contract, if it says it goes on actual hours worked then that is the T&Cs