Our contract of employment states overtime is paid at a premium rate for all hours in excess of 40 hours. When there is a bank holiday or if someone is on paid annual leave we do not include those hours in our calculations. 5 days of work = 40 hours. 4 days of work + a day of leave = 32 hours. therefore staff have less chance of reaching the overtime threshhold in weeks were there is public or annual holidays. Trade union says this is wrong and these hours should be included. I cant find anything in the legislation to prove either position but still feel that our approach is correct. How can I "win this battle" with trade union? Thanks
written letter to union reiterating that we feel we're right until we're proven to be wrong. waiting for response
Clearly hours not worked by the employee cannot be credited to them. The Organisation of working time Acts 1997 provides for holidays and pay to be calculated on a pro rats basis based on the hours work. it does not provided that they should be credited with additional hours which they have not worked because they are on holidays!!!! You are correct and are correct in advising the union as such. Ask them also to provide the relevant legislative provision to back their position.
Thanks for your answer but so far your response is what was expected,and I need something more. Trade Unions are so combative and I am not confrontational by nature. i was hoping for something decisive, a piece of legislation I coudl quote paragraph and sub-clause, or a RC decision that I could use to illustrate the validity of our argument,
in the case of REA's what about "guaranteed weeks" we would fall under the OPCG agreement which according to the trade union includes a guaranteed week.
Its been 12 hours and I havent had follow up on this query. Above was sent at midnight last night. Its now 13h00 Is someone still dealing with this query?
I was hoping you'd give me ammunition to win the argument. Telling the trade union to do something just shows you havent had the pleasure of dealing with this trade union. your answer doesnt indicate what to do if they refuse to prove their point but continue to maintain that mine is wrong. Our employees are watching this debate. it has tp be resolved so that our employees can have confidence in our management
I had already replied twice above but suspect you havent seen this. But i suppose in addition, in the absence of any legislation that I can print off which proves my position is the correct one, is there anything in writing regarding the conduct of a trade union in the event of a dispute. Legally do I have to prove I am right or does the union have to prove I am wrong?
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