New job - contract questions.....
Discussion
I have just had the contract through for a new job and have a couple of questions I need help with.
1. "You agree that you may work for more than an average of 48 hours a week unless you notify the company in writing that you do not wish to do so"
Have I read this correctly? Are they asking me to work 48 hours per week or is it up to me if I work 48 hours per week?
2. The job description I applied for made no mention of travel within the UK or externally. The contract now states that I could be asked to travel in the UK and abroad for my work. If I sign, do I have to travel or is it up to me?
Any help with these matter is much appreciated.
R
1. "You agree that you may work for more than an average of 48 hours a week unless you notify the company in writing that you do not wish to do so"
Have I read this correctly? Are they asking me to work 48 hours per week or is it up to me if I work 48 hours per week?
2. The job description I applied for made no mention of travel within the UK or externally. The contract now states that I could be asked to travel in the UK and abroad for my work. If I sign, do I have to travel or is it up to me?
Any help with these matter is much appreciated.
R
The first is effectively opting you out of the European Working Time Directive, but it doesn't oblige you to work 48 hours. It just means they won't get in the s
t if you do regularly work >48 hours.
The second - if the job reasonably requires travel, then it's your choice whether or not to take it.
t if you do regularly work >48 hours. The second - if the job reasonably requires travel, then it's your choice whether or not to take it.
Hi Ray,
Question 1 for me reads that you are expected to do more than 48 hours per week unless you opt out of the work time directive or what ever it is called now.
In other words you work for 90 hours per week but paid for 48 hours. This is my interpretation of it. I might be wrong.
Question 2 Just seems there maybe work that you need to travel to EU / US / Asia pac or withing the UK but only you can decide if you want to do that, and it needs to be paid by them before you travel, as a contractor I pay then claim back.
To be fair I do know companies that ask the employee to pay and claim back which is harsh in my book
Question 1 for me reads that you are expected to do more than 48 hours per week unless you opt out of the work time directive or what ever it is called now.
In other words you work for 90 hours per week but paid for 48 hours. This is my interpretation of it. I might be wrong.
Question 2 Just seems there maybe work that you need to travel to EU / US / Asia pac or withing the UK but only you can decide if you want to do that, and it needs to be paid by them before you travel, as a contractor I pay then claim back.
To be fair I do know companies that ask the employee to pay and claim back which is harsh in my book
I'd be looking it from the worst case scenario.
The first means you can be expected to work as many hours as they like. Working time directive is averaged over 17 weeks, so it won't be the odd week you'll be going over 48 hours.
The second means you could be asked to work abroad and you can't refuse, as you've agreed to it in writing in your contract.
It may be that they are just covering themselves so that if by chance something comes up and you might need to go abroad for a few days, working time directive doesn't come and bite them in the bum if you stray over that 48 hour average. But I seriously doubt it.
The first means you can be expected to work as many hours as they like. Working time directive is averaged over 17 weeks, so it won't be the odd week you'll be going over 48 hours.
The second means you could be asked to work abroad and you can't refuse, as you've agreed to it in writing in your contract.
It may be that they are just covering themselves so that if by chance something comes up and you might need to go abroad for a few days, working time directive doesn't come and bite them in the bum if you stray over that 48 hour average. But I seriously doubt it.
Either "could" be used against you.
Both are also fairly standard for major companies. Most ask anybody of any seniority to opt out of the Working Time Directive, whether they intend to make you work more than 48hrs or not. The travel is fairly standard as well again for any position of any seniority.
It's down to do you trust the company or not, the inclusion or otherwise of these terms does not mean they are trustworthy or not.
Both are also fairly standard for major companies. Most ask anybody of any seniority to opt out of the Working Time Directive, whether they intend to make you work more than 48hrs or not. The travel is fairly standard as well again for any position of any seniority.
It's down to do you trust the company or not, the inclusion or otherwise of these terms does not mean they are trustworthy or not.
(1) is to cover the company from a Working Time Directive point of view.
(2) is to enable the company to dismiss you if you take the job and then refuse to travel when they need you to.For example - people refusing to travel because of family commitments, childcare commitments, maybe they just don’t feel like it. IME a decent company will try to accommodate you if you genuinely cant travel on occasion. OTOH we have one person working for us who seems to believe that the Company should work around her needs every time.
(2) is to enable the company to dismiss you if you take the job and then refuse to travel when they need you to.For example - people refusing to travel because of family commitments, childcare commitments, maybe they just don’t feel like it. IME a decent company will try to accommodate you if you genuinely cant travel on occasion. OTOH we have one person working for us who seems to believe that the Company should work around her needs every time.
My employer has both these conditions in my contract. (An energy supplier)
The working time one is because I can do call outs so I can easily go over 48 hours.
There’s also the travelling bit. Some times at present work tails off in certain areas whilst they are under staffed in others. Right now they voluntarily look for people to move about on short term basis, and they are compensated for it. But there will come a day I’m sure the clause will be used, we need you in XYZ location and you’d have to like it or lump it.
The working time one is because I can do call outs so I can easily go over 48 hours.
There’s also the travelling bit. Some times at present work tails off in certain areas whilst they are under staffed in others. Right now they voluntarily look for people to move about on short term basis, and they are compensated for it. But there will come a day I’m sure the clause will be used, we need you in XYZ location and you’d have to like it or lump it.
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