Contracts

[usn90]

Hi

There’s differences between what my friends contract states and reality, one being He doesn’t get paid for overtime, which was stated during the interviews which he’s fine with , although the contract states differently.

It also states after 10 years service He gets an extra 5 days holiday.

Now the company he works for has different departments and he suspects he has the wrong departments contract.

So, where does he stand on the holidays, will he be entitled to the extra 5? this wasn’t mentioned during the interview but he doesn’t seem to think the other employees who have worked the decade have the extra days.

[StevieBee]

He needs to bring the matter up with his HR people. I would do this sooner rather than later.

Things like holidays and overtime and the like should be included in the job description so if these differ on the contract, the wrong one has been issued.

I believe that if the contract issued is incorrect, then it can be nullified.

[xx99xx]

I would:

A) ask line manager/HR for the 5 extra days, quoting whatever it says in the contract (chances are, line manager won't know what's in everyone's contract anyway unless they've personally recruited everyone)

Or,

B) ask line manager/HR to clarify if it's the correct contract (chances are, no-one will remember what was said at interview 10 years ago so he may have a case to claim backdated overtime (probably only from current FY) if that's what the contract says he's entitled to and if that's the only record of that arrangement)