Employment Contract - Working Hours Confirmation

Lkyoba on 23/05/2017 - 18:12
Last edited 23/05/2017 - 18:23 by 1 other user

A friend of mine was offered a terms of employment contract after being accepted for a job position. There are a couple of things that doesn't sit right with me and I would like some validity with the OzBargain community since I love you guys so much.

1. The salary offered was not what was agreed verbally. It's off by a few grand no biggie so requires sorting out with the employer.
2. The working hours state a minimum of 7.6 hours a day, a total of 38 hours a week and a the working days as Monday to Saturday. Now this seems normal provided that they are averages, over the year as per Fairwork policies, but it doesn't state that anywhere. The first point also nullifies any averaging given the minimum hours per day needs to be 7.6 hours.

These two points have put a darker light on what seemed like a great opportunity. Obviously this needs to be sorted out with the employer but I can't help but think they are just trying to take advantage of a situation and play the dodge card rather than an honest mistake.

What do you think?

• 

  Baysew on 23/05/2017 - 18:17

  +3

  Obviously this needs to be sorted out with the employer.

  Concur.

• 

  Gronk on 23/05/2017 - 18:38

  To me it reads that their working week is Monday - Saturday with 1 day off + Sunday, no biggie.

  I'd be getting the money sorted though ;)

• 

  bobbified on 23/05/2017 - 19:49

  What sort of role is this? Office, retail, manufacturing?

  The working hours state a minimum of 7.6 hours a day

  I'm a little concerned about the word "minimum" here, especially where is relates to Point 1 that refers to a definitive amount as the salary.

  Is there another clause that talks about "overtime" or anything about compensation for working over those minimum hours?
  Does it actually say "a total of 38 hours a week"?

  (I'm asking because it's obvious that you've typed it out rather than copied and pasted from the actual document.)

  I might be nit-picking here, but it's a contract, so need to look carefully.

• 

  [Deactivated] on 23/05/2017 - 20:02

  Obviously this needs to be sorted out with the employer

  Try This!

  • 

    xoom on 23/05/2017 - 23:42

    no wai!! thats way too obvious. it cannot possibly be it.

    • 

      [Deactivated] on 23/05/2017 - 23:42

      ya wei

      • 

        xoom on 23/05/2017 - 23:45

        surely a group internet randoms know the answer to the OPs question.

• 

  Hardlyworkin on 23/05/2017 - 21:11

  1. Was the difference due to super being included in the verbal salary?
  2. I wouldn't be too put off by a poorly written contract…. They are all too common…. Even those written by professionals. A standard contract would say 38 hrs per week plus reasonable overtime…. The reasonable overtime being the massive grey area.

  What your friend needs to clarify is the expectation of hours per week (not the minimum) and as such what will the actual hourly rate be.

  • 

    Kangal on 23/05/2017 - 21:53

    I have the same. Reasonable Overtime was told to be 40.1 hours weekly total, as an outlier and not a frequent norm.

    I've never worked a single week where I didn't do at least 38 hours.
    And my average is around 40.1 every week.
    I have done 55 hours.
    ….none of it matters, if you're on salary, they've got you by the scrotum and will only pay your regular 38hrs.

• 

  prinsenhof on 23/05/2017 - 22:36

  Sounds pretty good. Most are 40 hour weeks. Sometimes its good to clarify if overtime can be taken in lieu. You'll probably find like others have said that the missing money is superannuation.

  Another indicator is whether a mobile phone is included. This means they expect you to be on call/available 24/7.