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wording on work contracts
blakep82 - 28/7/09 at 11:37 AM

what does it mean when they say you'll be working 5 over 7 days? does that mean 5 days on, 2 off?
i started last wednesday, and i've not had a day off yet, or even told when my day off will be. i'm sure this can't be right, come tonight, that'll be 7 days in a row without a day off

anyone know?

my manager who started the job the same day thinks 5 over 7 is different to 5 out of 7, and she thinks we can be made to work whatever we're told, as long as we get 12 hours between finishing one night and starting the next day... i'm not convinced


dan__wright - 28/7/09 at 11:40 AM

http://answers.yahoo.com/question/index?qid=20070321062114AAe6yH4

means you work 5 days out of 7, normally a hint that it wont be monday - friday

[Edited on 28/7/09 by dan__wright]


Mr Whippy - 28/7/09 at 11:43 AM

nah your working 7 days a week but only getting paid for 5


Paul (Notts) - 28/7/09 at 11:47 AM

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073792294


I read it as -you work the equivalent of 5 full days but spread over 7.

so max hours should be 48hrs.

you should be getting one day off in every 7 unless its an emergency.

Paul


blakep82 - 28/7/09 at 11:47 AM

so it is 5 out of 7... my managers thing about it is they can make us do what they want. not very helpful lol

cheers dan

lol working 7 only paid for 5 sounds about right!

since we started on wednesday though, that doesn't count as 4 days last week, and 3 this week does it? surely i shouldn't be in a position where i'm working more than 5 days in a row?


Rosco - 28/7/09 at 12:01 PM

There's something called the EU Working Time, or Working Week, Directive which limits the number of hours you can work in a week. I think it limits you to 48 hours in a week i.e. 6 days normal working, although I think it can be taken as the average over a couple of weeks.

Goole it.


mcerd1 - 28/7/09 at 12:27 PM

quote:
Originally posted by Rosco
There's something called the EU Working Time, or Working Week, Directive which limits the number of hours you can work in a week. I think it limits you to 48 hours in a week i.e. 6 days normal working, although I think it can be taken as the average over a couple of weeks.

Goole it.


but you can opt out of that (you have to sign something to opt out)


cd.thomson - 28/7/09 at 12:33 PM

the replies are useful but just for clarification, do you work 7.5hrs every shift?


blakep82 - 28/7/09 at 12:35 PM

i've signed a contract which doesn't give any specifics on pay or hours or even what i'll be doing or where i'll be working, and 3 confidentiality agreements. don't remember any opt out things. if i didn't it wasn't explained to me....

by the end of tonight i'd have worked 52 hours without a day off


blakep82 - 28/7/09 at 12:36 PM

quote:
Originally posted by cd.thomson
the replies are useful but just for clarification, do you work 7.5hrs every shift?


very good point, i meant to say that. yes i do. 8 hours a day, with 30 minutes 'lunch'


cd.thomson - 28/7/09 at 12:46 PM

on the extra information you should be

European working time directive means you have the option of working more than 48 hours, but only if you "opt out" using a special form. The contract may have had this stipulation built into it so that by signing it you also opted out of your 48 hour week.

Blake youre working for the government arent you? sounds like an organisational balls up to me, you should be getting overtime and at least some information about working patterns.


blakep82 - 28/7/09 at 01:22 PM

yep, for the government (but through an agency, in another companies building who seem to be 'organising' it, but very badly)

originally they said shifts would be confirmed on the training day which was wednesday last week, they said they'd have it worked out that night, then it was thurday night, then friday, then saturday, then they said it will be worked out 'soon' etc.
manager says as long as we get 12 hours between finishing one night and starting the next day its all above board, and that 5 over 7 means nothing at all... seriously.

thing is, if they STILL haven't worked out shift by tonight, it would see, EVERYONE will be on the same days off, so they'll have no one in at all at some point. on saturday i was asked if i could do a double shift, ie 8 am til midmight. that can't be right


cd.thomson - 28/7/09 at 01:28 PM

you can do a double shift easy (says the guy who used to work 15 hours at mcdonalds in his heyday :cool but you have to be given specific breaks as compensation.

this whole "12 hours off a night, work every day" thing is rubbish unless you've agreed to it. With regards to specifics I only know about lorry driving which is way strict.


blakep82 - 28/7/09 at 01:36 PM

that doulble shift would have taken me up to 45 hours without a day off after 5 days at work, and no sign of any shift patterns or a day off

[Edited on 28/7/09 by blakep82]


speed8 - 28/7/09 at 03:56 PM

If you haven't opted out you shouldn't be working over the hours. If you signed a contract with the opt out included in it but without it being explained then it shouldn't stand (although they could argue you should have read the contract properly). It came in a while back, I had to opt out as we do a minimum 84 hours a week (balanced by weeks paid without working).

5 over 7 to me reads as 5 work days from every 7. i.e. 2 days off a week but not necessarily the same days every week or even 2 days together.


blakep82 - 28/7/09 at 11:28 PM

guys at work thought they signed the opt out, none of us know where it might be though, don't know what it looks like, and think they remember it from various places.
sort of assume from that we didn't have one since we don't know where when or how we signed it. we certainly don't have copies of of, like we do with everything else.

manager was more sorry today that we don't have a day off yet. 7th day today, will work tomorrow, then we have thurs off at least. we'll see what happens...