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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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can our company ask employees to carry out pricework instead

Resolved Question:

can our company ask employees to carry out pricework instead of hourly paid work?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you explain what is happening a little more please?

Customer:

HI,Alternatively, entirely at the Company’s discretion, you may be offered the opportunity to complete a particular task for a fixed fee (Pricework). The Company shall not be under any obligation to offer Pricework and if offered, you are under no obligation to agree to perform Pricework. If Pricework is offered, the fee will be determined by the Company.


 


In the event of Pricework being carried out, payment for such work will be made on satisfactory completion, or as otherwise agreed. In the event that there is fault with such work and you are deemed to be negligent in this respect, if practicable you will be invited to put the fault right. If, for whatever reason, you do not carry out the necessary repair work, the Company will make alternative arrangements and the cost for putting such works right will be met by you. If you leave the Company before repaying the full amount due, the Company retains the right to deduct these funds from any outstanding monies owed to you.

Customer:

HI,

Customer:

Sorry, when I press enter the message is sent. We offer an hourly rate but also the option to offer pricework to our employees as you will see from the clause I have sent. Is this legal?

Ben Jones :

Hello, sorry about the slight delay I could not get back into the chat for some reason earlier. So to clarify - you have employees who you employ on hourly work but also want to give them work that is fixed price? Are these employees guaranteed any normal hours, do their contract say anything about that?

Customer:

HI,

Customer:

Their sararies are stated in their contract as XX per hour or pricework as agreed. Their normal working hours are stated as 38.5 hours per week.

Ben Jones :

You will have to adhere to the employees' contracts of employment. So if they are guaranteed a minimum number of hours per week you need to provide these. From what I understand you have a clause which allows you to either provide them with work paid by the hour or fixed price work. Either is fine if it is specifically allowed under contract. The issue then is that you must ensure that you pay them at least the National Minimum Wage for the time they have worked. So if you are for example asking them to work X number of hours for a fixed price of £X, you must ensure that the hourly rate for that time is above the minimum wage. The rest is dictated by their contract so if it is possible to get them to work on fixed prices you can do so.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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