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I'm contracted to do 36 hours per week but paid every 2 weeks.
Week 1 I did 51 hours , so 15 hours OT
Week 2 I only work 34.5 hours as agreed with my boss as I had stuff to do.
When I got paid they paid me my full hours 72, but not the full amount of overtime.
I'm sure they did this once at where I used to work but it was deemed illegal or not allowed.
Does anyone have the answer?
Thanks in advance
You need to query it, is the answer. Check your contract about how and when they pay it - some may delay payment to average hours over the month ?
^^^
Yeah - ask for clarification.
It would be good to know the reasoning too. I.e. they may say "most of the workforce is flexi, it is too much work for the size of payroll department we want to run, so we just true-up at month end". On the flipside I'd be concerned about any company that is doing stuff like this to micro-manage cashflow. If that is the case they may be sailing very close to the wind with covenants or investors etc.
I'm an accountant. If I was working for a company that was consistently engaged in heavy day-to-day cashflow forecasting/manipulation, I would start looking for a new job. Not long-range big investment type stuff, I'm on about general operating expenses.
So many variables. OT may be paid a month in arrear (we do that where I work) so Julys pay is Junes overtime. Check your contract and speak to your manager. But if they agreed to the overtime they need to pay you for it!
Perhaps they took the view that if you couldn't work the agreed hours in one week, that it would be fair to pay you normal time for those hours when worked in the other week (ie, in your case, only pay you normal time for the 1.5 hours you were short in the other week)? Otherwise, people could take advantage and do it all the time just to boost income (ie, 'I can't work Friday, so I'll work twice as long on the following Monday and you can pay me overtime for half of it') – no idea if it is legal or not.
Nothing wrong with cash flow the boss is a just tight arse
Check your contract but OT is normally paid only after you've worked your contracted hours. so if your normal work schedule is 72hours, then you've worked 70.5 in the last two weeks. So you should get 13.5 hours O/T. If you were paid weekly you'd get 15 hours
I think. Check though.
Otherwise, people could take advantage and do it all the time just to boost income (ie, ‘I can’t work Friday, so I’ll work twice as long on the following Monday and you can pay me overtime for half of it’) –
Very much this - especially as you chose to work less hours in week 2, be different if they were stipulating the fewer hours in week 2.
You don't say where you work (which country) or which industry, but it's not unusual in some places/industries to average hours over a bi-weekly period.
So, for instance, if you did 33 hrs in week one and 39 hrs in week two, you'd not be owed any OT as you average 36 hrs over both weeks. In these cases, you'd need to make sure they average consistently over the same two week cycle. Neither you or your boss can cherry pick which weeks to pair up.
Assuming that you're a UK/EU worker then:
Do make sure that you have a written contract that states how overtime will be paid and the conditions to qualify for it. If you do not have one, then ask to have one and read it before singing and returning it. This is important.
Secondly, I hope that your payslip details the amount of hours you've worked x rate (assuming that you're not monthly paid and salaried). If you've not signed a waiver on the 48 hour working week rule then I might query why you were asked to work fifty-one hours.
<p style="text-align: left;">UK. Printing. Boss is saying hours are averaged over the two weeks</p>
Checking the maths here - You've done 85.5 hours in two weeks, but only got paid for 72 of them?
If you’ve not signed a waiver on the 48 hour working week rule then I might query why you were asked to work fifty-one hours.
That's averaged over 13 weeks...
Jimdubleyou. No I was paid 12 hours ot. Which has now been rectified as admin error but lost 1.5 hours due to the short 2nd week.
Yes Ive signed a waiver regarding the 48 hour working week
Depends on the contract. some are averaged monthly, some weekly, some quarterly
It sounds to me like you got paid correctly. If you wanted the full 15 hours OT, then you'd owe them 1.5 hrs of regular time during the second week - how would you plan to make that up?
' ...as I had stuff to do.' sounds like a nice flexibility that you have, but that time has to come from somewhere.
Based only on the limited information provided I would say the entitlement is to 15 hours paid overtime.
Week 1 - 15 hours worked in addition to contracted hours.
Week 2 - hours worked were 1.5 less than contracted but this was sanctioned by OP's boss so contracted hours were fulfilled.
I had a nursing contract which had weekly hours or 35 but averaged 4 weekly. So actually 140 hrs in a 4 week period. However I refused to do more than a couple of hours over my contracted hours each week - and had that right. some folk were getting 48 hrs one week and 24 the next. I refused to do it.
But even if I went over my contracted hours one week it did not count as overtime until I had gone over 140 hrs in 4 weeks
It all depends on your contract
I think you were paid correctly and if you value the flexibility it is not worth making a fuss.