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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47907
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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is it illegal for my company to carry days over from one month

Customer Question

is it illegal for my company to carry days over from one month to the next ? i am contracted to work ten days a month for my basic salary so if i only work 5 days in january i would be required to carry five days over to february
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What does your contract say about this?

JACUSTOMER-edgtf5ov- :

my contract just says my company will guarantee to pay ten days pay per month but i will be required to carry days over

JACUSTOMER-edgtf5ov- :

if i dont do any days in january then surely all my company are doing is loaning the money for january untill i work off the days in february ?

Ben Jones :

what are they trying to do - not pay you for the unworked days in a month

JACUSTOMER-edgtf5ov- :

no they still pay me but i want to know is it legal for them to ask me to carry the days over to the next month ?

Ben Jones :

yes it certainly can be legal to do so, especially if it is mentioned in your contract. You are contracted to work a specific number of days a month and your pay is calculated on the assumption you will work these days. If you do not work the required number of days then the employer can either not pay you for these days or ask you to carry these over to ensure that you are paid for them

JACUSTOMER-edgtf5ov- :

?

JACUSTOMER-edgtf5ov- :

so would i be right in saying if i am only contracted to do ten days a month thats all i have to work in a one month period and anything over and above this would be classed as over time ?

Ben Jones :

yes, unless it is time carried over from a previous month as per the terms of your contract

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you