a mate contacted me today and asked my advice so I thought i would ask on here to get what others think,
he is currently working job and knock paid at 40 hrs per week, no paid break so 8 hrs 45 mins per day, most days he is due back at the 8 hrs 45 mins finish time (staggered start time) however most days he can actually end up working more then the 8 hrs 45 mins! but a couple of days last week he as managed to finish before the finish time, 1 day worked 7 hours the other was 7 1/4 hours, but the company have given him a hard time because he finished early on these two days… to me if the contract is job and knock then it should be ok for him to finish early as long as everything is done and he has taken relevant breaks ect, but it also sounds like the company are enforcing that they are to work 40 hours so again to me means the job is not job and knock anymore as he is not getting any benefits ect,
I also work job and knock and my understanding is that I take the rough with the smooth, but rarely go over the 40 hour a week mark and as long as it equals itself out I,m not bothered , but in my mates case it seems like he is being forced to work unpaid overtime especially as he has averaged 48 hours a week over the last 2 months.
what do all think and what if any action can he take?
He accepted the contract so I don’t see how he can do anything about it unless he is being asked to work illegally.
Does he push the speed limits etc to get finished early - if yes, tell him to stick to the law.
On a personal note - I do wish that all drivers had to be hourly paid with a guaranteed minimum 40
Many on here do not agree with my view but it is just that - my personal view.
ROG:
He accepted the contract so I don’t see how he can do anything about it unless he is being asked to work illegally.
Does he push the speed limits etc to get finished early - if yes, tell him to stick to the law.
On a personal note - I do wish that all drivers had to be hourly paid with a guaranteed minimum 40
Many on here do not agree with my view but it is just that - my personal view.
The best way is to be paid by the mile and stick to long distance work (if you can find it because that’s what everyone wants) but it’s only owner drivers who are allowed to be paid by the mile.Yet another reason to go self employed or don’t bother?.
Trucker beads:
im contracted for 48hours, and i work in excess of 54+ every week, so im getting screwed over just like him then;) no overtime, no bonus nutting
Just work the 48hrs then. If you get the sack over it, screw him for £thousands for unfair dismissal.
Keep photocopies of your tacho’s showing you were working 54+ and do him for breach of contract.
This is where the word ‘work’ needs defining - do you and the employer regard ‘work’ as just driving & other work’ or does it get defines as the period from when you start to when you end a shift.
