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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60510
Experience:  Qualified Solicitor
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I am working on a 32 h contract/week and they said that

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hi ,
JA: Hi. How can I help?
Customer: I am working on a 32 h contract/week and they said that overtime is calculated over 40h. I am a student as well and every Saturday i have courses from 9.30 to 4.30 pm. So I get paid for overtime only if I have over 40h/week . is that legal? is a new job, I am on probation. Also for a 10h shift they said by the law i can get 30 ins every 6h
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: I have not, I am new in this country
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am from the European Union and i signed a contract with Genting Casinos UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is all. I need a piece of clear information about this, as my old job was providing me with longer breaks for the same working hours per day
Customer: replied 5 days ago.
I would also like to mention that i am Romanian citizen working in the UK

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

What are you ideally hoping to achieve in the circumstances, please?

Customer: replied 5 days ago.
Well, when I got hired they have asked me if I can work Saturdays after school and o said I will be able if my ROTA will be. but after 2 weeks I asked the manager ( he doesn't do the rota, the other manager does) if he thinks i will be able in future to get the saturday off for study
Customer: replied 5 days ago.
he said every staff member has to work on Saturdays and they can't provide days off
Customer: replied 5 days ago.
during the weekend
Customer: replied 5 days ago.
my point was: if my contract is 32h, why I'm getting paid for overtime over 40h
Customer: replied 5 days ago.
32 to 40h/week they pay the same rate
Customer: replied 5 days ago.
this is not mentioned in the contract
Customer: replied 5 days ago.
i want to know my legal rights

OK, thanks, leave it with me please and I will reply on here later today

Customer: replied 5 days ago.
Thank you
Customer: replied 5 days ago.
Cheers

Many thanks for your patience. First of all, under UK law, there is no legal right to be paid for overtime at all. Many jobs require their workers to work over their contracted hours and not pay them for these extra hours. As far as your legal rights are concerned, all you can expect is the following:

· That the employer honours your contract (in this case pays you overtime if you work over 40h)

· That you get at least the minimum wage rate you are entitled to considering the total number of hours you worked and the amount you ere paid for them

 

It is entirely legal for the employer to contract you to work 32 hours per week, to have a policy which says overtime is only payable if you work over 40h a week, then either not pay you for the hours between 32-40, or pay you at normal rates for them. They just have to ensure that you get at least the minimum wage considering the number of hours you have worked and the amount you have been paid for them.

 

Does this answer your query?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 4 days ago.
Hi,
Yes it has been answered, thank you

All the best