Should I Quit My Job as I am required to work three days but only get paid for two days

Hi,

I am recently thinking about if I should quit my job. I am a part time working from Monday to Wednesday. My employer can only pay me two days a week but I am required to work 3 days a week. Then it's only about $106 a day. My employer said this is because of the current economic situation. I have lost my passion and I'm thinking about quitting the job every single day when I am working. But my friends suggest me wait until i find a new job as a lot of people are losing their jobs, and at least i still have a part time work to do. Last week, I was asked to work on Friday but haven't got overtime pay. Today, he asked me to work four days next week.

Besides, there is no work-life balance. My employer sometimes discuss work late at night and early in the morning before we start to work. I feel like my personal life has been affected.

Should I quit my job now?

Comments

  • +145

    That sounds illegal.

    • -72

      no its not…

      • +26

        If it is only $106 a day, assuming it is an 8 hour day that is $13.25 an hour. didn't know there were any award rates that were that low.

        • +7

          If it's 7.5 hours "paid", and they're working that 4 days this week and next week, it's $7.07/hr

          • -32

            @Miss B: I think its not illegal right now because it is essentially a salary cut where you continue working normal hours but get paid less than before. This salary cut scenario has become very common right now due to Covid. But I'm not sure if that only applies to salaried employees vs hourly paid shift workers. OP seems to be a shift worker.

            • +11

              @alikazi: Its only legal where you aren't going below award or minimum wage.

            • -2

              @alikazi: Woa this is one F*** mentality that let's the cooperation opens and medium/small business forced to shut down. I dont think any so call 'essential workers' has been test for the virus. So what then ? The virus will not infests these 'essential workers' :/
              Logic and common sense are the first casualty I guess. Surely the state will protect drunk people with their app LUL

            • -2

              @alikazi: I lol at the negs though.

        • -1

          Maybe this guy's a kid or teenager? $13.25 an hour is apparently normal for that age group….

  • -1

    If you want

  • +33

    That is illegal

  • +26

    Keep a dated log. ;)

    • Whilst the statement above doesn't answer your query, logs would be essential in future if you have a claim against your employer for "illegal practice"

      On the log front … Suggest you include all contact between you and the job (date, phone calls, shift times start/end), including statements of expectation, payslips and the difference.


      On your initial query "Should I quit"… Only you know the answer to that. We're not aware of your personal or financial situation, training, career aspirations, job prospects, etc.

      If you've got the financial means to support yourself for an extended period, then sure… why not?

      What I do know is there are a lot more people out of work right now due to COVID, long lines at Centrelink; which has to mean more competition for roles and probably less opportunity as the economy is in a hole.

      Good luck!

  • +14

    Try saying no to your employer.

  • +63

    Keep it. Keep records. When you find somewhere else, take him to fair work for the pay he owes

    • -27

      I don't get this.

      If someone is clearly unhappy and knows they are being shortchanged, bring it up.

      Don't get me wrong, the employer is horrible for underpaying but if someone recognizes the problem and still agrees to employment without confrontation, it becomes a mutually agreeable arrangement (legal or otherwise).

      Crying "underpaid" after the fact is just as horrible if someone was knowledgeable to the scenario but never objected.

      • +36

        Report them while you still work there, get sacked and have no job and lose your house and everything? Unfair dismissal, Fair Work etc all take time, and meanwhile you're financially destroyed cause like 90% of people live week to week or only have enough savings to cover a month at best… That'd be why so many people go the revenge after the fact way (same as the employers getting "revenge" for being reported when they were dodgy to start with. Humanity is a dumpster fire etc)

        But actually, with the Jobseeker bonus at the moment, maybe it would be best to report them now and just take the higher dole when they take retribution? Only the OP can assess whether the situation is bad enough on their mental health that it is worse than no job at all, but at least with the current doubled rate of pay the dole isn't as bad as it used to be.

        • -19

          Report them while you still work there, get sacked and have no job and lose your house and everything?

          So if a company is only staying afloat because it underpays its employees, you're going to keep it afloat and then send it crashing down on all the employees still there when you decide to pursue lost wages?

          It's a convenient bit of philosophical concession to only report a crime when it suits oneself.

          Legality does not exclude immorality. In this case, I'm not saying that is an illegal move, I'm saying it is an immoral one.

          • +25

            @tshow: Exploiting your staff is also immoral

            Sure, two wrongs don't make a right, but humans are also selfish trash, so what can you do?

            • -3

              @smashman42:

              Sure, two wrongs don't make a right, but humans are also selfish trash

              That's what I'm saying. The latter action of continuing silently only to stake claim later is just as immoral as the first.

              so what can you do?

              Not be trash and hold oneself to a higher standard. This doesn't mean being a pushover but it does mean having a spine.

              • +10

                @tshow: I dunno, being a decent human being only seems to get you punished more and more in this world. Perhaps if one believes in the afterlife (like really believes, not just says they do due to social pressure) or is particularly mentally strong they could do it, but that's not the majority, yeah?

                • -8

                  @smashman42: I don't believe in the afterlife. I do believe in a good night's sleep and children who learn from their parents.

                  That's enough motive for me.

              • +1

                @tshow:

                Not be trash and hold oneself to a higher standard. This doesn't mean being a pushover but it does mean having a spine.

                The honourable thing to do would be to discuss the issue with his employer and either come to a satisfactory compromise or leave. The reality is survival trumps being honorable. Op should do whatever it takes to put food on the table during this crisis .

                Edit: Didn't neg either side of the debate.

                • -2

                  @DisabledUser102420:

                  Op should do whatever it takes to put food on the table during this crisis .

                  That's pragmatism.

                  As long as one can differentiate the difference between being pragmatic and what is right, go ahead but look at the responses above, many would do what is pragmatic but can work through some mental gymnastics to also make it honourable.

                  As far as I'm concerned, an underpaying employer is a crook. Someone not reporting the crime now but only doing so when convenient or have something to gain is also a crook.

        • Fairwork generally takes around 3 months to get to arbitration, there are plenty of free legal aid options out there as well (you can request to be put in touch with one with fairwork). As long as you have a half decent case (which you do) then it will almost definitely settle. You can claim all wages up to what your award is and also all wages since you were terminated (if you haven't managed to find another job). You will not get paid for grief/suffering/mistreatment.

          Just keep a thorough journal, keep text messages and log them in the journal. What shifts you worked, payslips etc.

      • +22

        I'm sorry but this is really ignorant. The short answer is people do it because they have no choice. It is easy for us to judge them, when we most likely have options, we can survive without work, we have options to pursue welfare if we lose our jobs.

        I'm guessing this person is maybe an international student who probably has no safety net. Being scared of losing their job and having no money to live on is a pretty rational reason to not say anything and continue earning whatever they can, however they can.

        This happens more than we know.

        • +2

          International students need to be able to finance their stay without working here.

          "Ignorance".

          You're using circumstance to justify hypocrisy.

        • +7

          International students knows the financial risk of studying abroad. If they can’t afford to stay here then they should go home.
          https://www.canberratimes.com.au/story/6710557/international...

          • +3

            @whooah1979: That was before the government realised how much we need those international students. Their new tune is now:

            "We will look after international students as our own children," Assistant Multicultural Minister reassures anxious parents of international students

            Source

        • +2

          This is so true. Some bosses are bullies as well and don't even give you the option of refusing. It's either do it or nothing.

          Since the unemployment line is so big right now, shitty bosses are getting away with more and more.

          • @tinyorca: Exactly why people actually need to report the problem as soon as it is noticed.

            If everyone just keeps quiet in hopes they can get more hours now and then spring a bill on the boss later, it's just perpetuating the practice of underpaying.

            Sure, the employers are punished, albeit later but there are those who need their fair wages now, perhaps because they are out of money now or they will not be in a position (ie international students) to make a claim later.

            If everyone reported crimes immediately, problems do not get the opportunity to grow.

      • +4

        tshow, paying below award is illegal as many people do not have the strength or financial stability to confront their employer and risk their job.

        By your logic, if you get away with one murder you are free to commit as many as you like, because if the state recognises a murder and still agreed not to confront the murder, it becomes a mutually agreeable arrangement.

        Your logic justifies speeding, child exploitation (with grooming for 'consent' - gross), even genocide.

        After all, Crying "genocide" after 95% of your family is killed is just as horrible if you knew of the genocide but never objected to the government that wants you dead…

        • -5

          By your logic, if you get away with one murder you are free to commit as many as you like, because if the state recognises a murder and still agreed not to confront the murder, it becomes a mutually agreeable arrangement.

          If a state knew about a murderer and just allowed the murderer to be free, you betcha that the state will be culpable if another murder happens, or simply that the public finds out that a case has been ignored.

          Your logic justifies speeding, child exploitation (with grooming for 'consent' - gross), even genocide.

          I'm not sure how you join the dots to speeding.

          Child exploitation - children cannot provide consent hence cannot be made part of a mutual contract nor any contract for that matter.

          Genocide?

          After all, Crying "genocide" after 95% of your family is killed is just as horrible if you knew of the genocide but never objected to the government that wants you dead…

          If the victims abated their government in said genocide and fell victim to the very same regime, yeah, those victims that were complicit are also to blame. There were traitors in the gulags and the concentration camps. They were both victims and perpetrators.

          Yes, being a victim/perpetrator isn't a binary option. Perhaps, with that consideration you may change your position.

          Declaring that most victims of genocide assisted in said genocide to make a point is simply slanderous.

          PS. I addressed the "illegalness" of underpaying. In fact, it is in the very first comment so this isn't enlightening. Knowing that it is illegal and keeping quiet about it is being complicit. Being complicit and later trying to cash in on it is being a spineless hypocrite.

                        • @This Guy: Ooookay…

                          Good luck with it all.

                          (Edit - Oh, retracting statements now…)

                          • @tshow: A company who treats their employees like that should not be afloat. The employer is always in a position of power over the employee. Whether you like it or not, asking an employer do to that (while breaking the law) immediately becomes exploitation. Therefore it is never a fair level discussion at any point. The Employer should just obey the law.

                            • @hypie:

                              The Employer should just obey the law.

                              Not disputing.

                              Not reporting a crime and continuing to benefit from it is also not the right thing to do. It may be pragmatic but so are mafia wives benefitting from crime.

                              Just as employers should just obey the law, employees should just report those that break said law.

                              • +1

                                @tshow:

                                Not reporting a crime and continuing to benefit from it is also not the right thing to do.

                                Getting underpaid would be very difficult to claim as benefiting.

                                • @MrBlank: Benefitting in the literal sense. One is still receiving something in return.

                          • +1

                            @tshow:

                            (Edit - Oh, retracting statements now…)

                            Yes.

                            I care about OP's state of mind more than convincing you not to be evil. I asked for all my posts to be removed as off topic (they are) and for any posts with you calling the OP names.

                            I understand your point of view. You would feel betrayed if one of your employee's quit and then took you to Fair Work for your wage theft of their wages. If you can get someone to passively agree to being exploited you should see no consequence. It is a very successful attitude to have.

                            You are giving that person value, employment when you think they may not deserve it. Part of their legal wage because they are giving you part of the value of a competent hire. But that is illegal.

                            You don't understand that quit and claim after finding new work is normally the only way for an employee to get what they are legally owed without risking homelessness, as thieving bosses will fire employees who stand up for their legal rights.

                            I myself was fired once for asking for my correct pay. By the time I got over the depression of being fired and researched my rights (two and a half weeks), it was too late for me to get my job back. My only option was legal action to receive my stolen wages. I had a tight few weeks because I had the nerve to ask my boss not to break the law. This is why smart people find a new job first.

                            It is sad you have no compassion for theft victims. It is sad you think the victims of wage theft are "Spineless", "Immoral" and "Just as bad [as a thief]".

                            • @This Guy: It's sad you can't comprehend the written word and have to fill in the blanks to come to a conclusion you suppose someone else made.

                              (Like me calling OP names. You quoted a few lines but they did not demonstrate me calling anyone names, hence why your report failed. That's why you retracted, not whatever lame reason you're coming up with now.)

          • @tshow:

            If a state knew about a murderer and just allowed the murderer to be free,

            Im not sure about murderer 'level' but [[they]] want some prisoners to be released …
            https://www.abc.net.au/news/2020-03-20/calls-for-australian-...
            https://www.smh.com.au/national/nsw-prepares-for-early-relea...

            • @frewer: They are released conditionally, ie. Probation with restricted movement and they're no longer permitted to hold certain licenses, ie firearms.

              Their crimes are not just swept under a rug to be dealt with at a more convenient/oppurtuned time.

            • @frewer: I would have thought that those in Op's situation would be more akin to someone in an abusive relationship. They wait until they feel safe from repercussions before they report their abuser. Staying in an abusive relationship is NOT complicit agreement that it is ok to beat them in exchange for food and shelter.

              How did we end up with a serial murderer analogy?

              • @DisabledUser102420: I was quoting @tshow, I know nothing about OP situation, so I got nothing to says …

  • +21

    You are obviously not Australian, no Aussie would put up with that… fair work..

  • +19

    If your employer can’t pay, you shouldn’t work.

  • +5

    Just call in sick on the 3rd day, but look for another job, then take them to fairwork.

    Ask your employer to document this condition, and see what they say.

  • +25

    Ask your employer to put their request in writing. If they refuse, ask why.

    I think they're just taking advantage of the situation, hoping you will oblige.

    I would be looking for another job ASAP, but try to hang on to your current one. Do you have enough savings if you were unable to find a job for a few months?

  • +62

    go on the dole. I'd rather pay you through my taxes than let some scummy (profanity) rip you off. You're worth more than that. use the time off to find a better job. Good luck

  • +14

    Record My Hours app
    Sometimes employers fail to properly keep employee records. This lack of records makes it difficult for an employee, or us, to address concerns about underpayments.
    We already recommend employees manually record their hours (eg. in a diary) – now we’ve made it easier to do.
    Our Record My Hours app makes it quick and easy for employees to record and store the hours they work, plus other information about their employment.
    https://www.fairwork.gov.au/how-we-will-help/how-we-help-you...

  • +1

    Yeah I mean…maybe if its temporary, I'd still ask for it to be paid back at a later date. Or extra annual leave down the track. ALL IN WRITING.

    Yes it is hard times and helping is warranted, but do it smartly. But tbh, if there's no career progression, sometimes it's not worth it.

  • Isn't this exactly what JobKeeper was designed for?

    • It is but the employer can’t afford to pay more than $318 a week right now. It means they can’t afford to pay $1500 per fortnight in advance and wait for the government reimbursement so they won’t even register for job keeper

      • Even if he gets paid a reduced wage ($212/week instead of $318) for a few weeks - once the job seeker payments kick in, wouldn't that more than make up for what he has missed out on for a few weeks?

        It'll be a pain right now to look for another job. And it'll be better to have some sort of income during this time than no time. (unless OP is planning on quitting to get Job seeker payments so he doesn't have to do anything instead).

        • It doesnt work like that. A business that has applied for Jobkeeper has to pay the employees $1500 a fortnight from March 30th. The employer can pay it late but the payments have to have been up to date by April 30th.
          The employer has to cough up all that cash before they get reimbursed. Some employers just cant afford it and cant borrow the money either.

          • @Meho2026: oh right, that makes sense. I didn't know about that bit.

            Is there anything stopping the employer and employee from mutually agreeing for the employer to delay the payment (and then the employee receives backpay later) given the business cashflow issues? It'll be a win-win for the employee and the employer.

            • @bobbified: Are you serious? This is a government program run through the ATO. Its not open for negotiation and abuse. Its tax payer money, primarily designed to keep businesses afloat, any benefit to employees is secondary.

              • @Meho2026: The funds comes from the RBA QE.

              • +1

                @Meho2026:

                Are you serious?

                What's wrong with the employer paying next month instead of this month? It's just late for the employee.

                The employer isn't taking more money from the government than they're entitled to and the employee still gets their money, although late.

                • @bobbified: They aren't allowed to just agree like that. Would be fraud.

  • +3

    Yeah, once you get short paid once it will keep getting worse. They know they can safely take advantage of you. Maybe look for something else and when you have another offer, quit.

  • +5

    Next time when he asks you to stay longer or work on your non working days, just say I would love to stay/come but i have to earn some more money elsewhere because i have to pay my bills.
    I would work for just what is paid and start looking a new job.

  • I feel your sick of working an extra day a week. See your Dr for a certificate for 1 day a week sounds like it's very stressful.

  • +7

    Just don't show up to the third shift? If they call you just say I get paid for 2 days work and I will work 2 days. Why are you making your employers problem yours. If he says fine get lost, just tell him to send you a text or email as a record. Don't quit, make them fire you.

  • +3

    What are the hours and rate of pay on your employment contract?

  • +4

    Your options; 1.keep working and do nothing about it.
    2. Keep working, keep a record of your hours and ask to be reimbursed later. Report to Fair Work Ombudsman if that fails.
    3. Tell your boss you refuse and it that goes poorly report the situation to Fair Work Ombudsman.

    Your boss could be getting a handout to pay for staff from the government. Are you normally paid correctly? Taxed, get super?

    Sometimes you need to stand up for yourself, if you're considering quitting anyway then what have you got to lose?

  • +2

    Work only the time you are getting paid. Take a record of all the days you have worked and have not been paid for, keep a track of your pay slips.

    Tell your boss you are only going to be working the time you are being paid for. If they threaten to fire you or better still they do fire you, just take it up with fairwork and hit your employer up for back pay and to make sure that you were being paid the award wage and hit them up for back pay on that as well if you were not.

    And if they are short paying you a day, they are also short paying your super, so make sure that you are receiving your super payments, as this is usually one of the first hidden things that dodgy employers stop paying.

  • +1

    Go to https://www.fairwork.gov.au/pay
    Sue them,that's illegal.

  • +1

    Copy or keep your time table for proof ( or clock card ).
    Keep work there until you find another job.

  • Most people just roll with the punches, especially at times like this. There is no point in giving up your income just to have none on principle. But you are clearly being exploited. It is far more common than most people realise. The “average” employer will rip off their workers if they think they can get away with it. Of course you can talk to them about it but if this is their nature they will not change in the long term. You are a commodity. If you can’t find another job then you may need to stick with it for as long as it takes BUT REMEMBER you have 6 years to claim back lost wages and super. Yes the super alone will be mounting up. I’d be checking that they are actually paying it as well. Most people never check their super payments because the illusion is that it has to be paid but the employer needs to do another transaction for that and if they don’t pay it and nobody ever checks nothing happens. Bottom line is do what you are comfortable with and what you can live with but if you have the inclination report them to Fairwork at the appropriate time. Of course if you start a war your job may be the first casualty. Sometimes revenge is a dish best served cold.

    • The “average” employer will rip off their workers if they think they can get away with it.

      Where did you pull that out from?

      22% of Australians are underpaid. 78% are paid at or above the minimum award.

      BUT REMEMBER you have 6 years to claim back lost wages and super.

      So your advice is to be complicit to the underpaying but later use a technicality to cry ignorance?

      Sometimes revenge is a dish best served cold.

      If someone doesn't like their employer, leave. Why make a vendetta out of it unless you they need the job then the employer is still providing that which the individual needs.

      If one is willing to be underpaid, vendetta is bullshit. If one isn't willing to be underpaid, report the employer and leave.

      • +2

        I speak with decades as an employer and an employee. Employers especially in small businesses do not follow all of their obligations. They are happy to cheat on their taxes so cheating their employees is only a breath away. Never assume anybody is thinking of you before themselves as this matter clearly shows.

        As for the percentages you claim, that is a statistic based on available information I assume. Clearly this is not true as we see case after case of employers being exposed as ripping off their employees in the media. 7 Eleven, Coles, Woolworths, being just sample of high profile cases. Then there is hospitality. Look at the disaster that has been from the likes of celebrity chefs who have owed millions to workers who will never see their money because companies fold. It is NOT a perfect world and people are not benevolent when it comes to money. That is a fairy tale. I have known hundreds of people who have been ripped off by their employer for various reasons. Sometimes it’s ignorance of their responsibilities and sometimes it’s a pay clerk error that balloons to a point where when made aware the employer doesn’t want to back pay the employee. Mostly it is because they know they can get away with it. This is why unions and legislation are there. They are by no means perfect and chasing unpaid money can be expensive and complicated which more often than not leaves the out of pocket employee overwhelmed to the point they just can’t be bothered with the stress and/or expense involved.

        My reference to the 6 year time limit is a matter of law and my advice to people would always be that before you put your income at risk consider the pragmatic approach where losing the income you have may be more hardship that it is worth - ESPECIALLY in times like these. I am not suggesting a vendetta. It is sometimes satisfying to know that you have time to recover what is owed later rather than have no income as a result of things going badly if your employer is likely to get rid of you on some trumped up pretext because you have become a problem for them.

        While leaving a job is ALWAYS a choice you can make, it may mean you have no income as a result so you need to think ahead and have an escape plan. It is no fun sitting at home (if you can afford the rent) having been ripped off and then realising that you now have no income at all.

        Trust me when I say I have had experience in these matters. I personally have recovered 10’s of thousands on behalf of friends and family by helping them take on their employer in matters such as this, often after wrongful dismissal. I have no illusions about what lengths some employers will go to through ignorance and/or arrogance to keep your money in their pocket and/or flout employment law because they know the game is harder for the employee with little resources to fight them.

        So if you disagree with my premise feel free to sit at home on the couch in the hope that the employer will give you a glowing reference for future jobs and that they all have and will always do what is required of them by law. That is a fool’s paradise.

        Fairwork are improving in their proactive work in their enforcement activity but they are not interested in being your fairy godmother to tuck you into bed at night. It’s a tough world out there especially when it comes a to money. There is a good reason for the saying money is the root of all evil.

  • Resign. Your employer is taking advantage of you.

    • +2

      in this climate, it's not easy to find another job. even packers got like hundreds of applications for one position.

      • +3

        But that doesn't someone can work almost for free. Lets see if that employer can find someone desperate enough to do what the OP is doing.

      • +2

        Packers get hundreds of applications in normal economic times. Seriously.

  • -2

    Just quit the job and ask to be paid what you are owed.

    If you know you are being underpaid, continuing to work under the same conditions without voicing your concern makes you complicit. Whilst the law handholds the employee, any employer would distance themselves from such an employee.

    Your current employer is dodgy but that doesn't mean you need to be a snake. In the end, both will receive their just rewards.

  • +2

    Yes, quit. And then dob them in. Your employer is exploiting you. Amazingly, you'd get more on the dole right now.

    • +1

      Assuming OP is eligible. I have a feeling that OP isn't as the difference makes the decision obvious.

  • I think because of the current job market, some employers will take advantage and exploit employees like what is happening to the OP here. I think best decision will be to quit and also report this abuse to fair work.

  • Most would quit and queue in centre link. I don’t see how you can survive on $800 per month (Assuming $200 per week).

  • +4

    This sounds more like a case of an employer taking advantage of the fact that they know their employees are not aware of their rights, very different to an employer trying to keep his staff and business afloat due to CV19. I guess it also depends what industry you are working in. Hospitality is one of the worst for international students etc being exploited because they do knot know what employers can and cannot do. I'm probably one of the last people to say to quit a secure job at the moment but in this instance, if you are eligible to apply for Jobseeker payments while you look for something else, it's probably your best financial option at this point unless there is some deeper or more altruistic reason to stay with the employer you are currently with.

    • -1

      There is no hospitality industry. They’re all closed.

      • +1

        Not all are closed. Some are open for takeaway

        • And that doesn’t pay all the bills or employ all of the regular staff.

  • +11

    Besides, there is no work-life balance.

    Mate, you work 3 days out of 7, how is there no work-life balance?

    • Needs to work an extra half day?

      • Must be soul destroying

    • +2

      From some of his other comments, it sounds like he is a full-time student.

      • +2

        Pretty impressive how you got that information from his eight comments and one post

        • +2

          What can I say? That's how good I am :P

        • pretty easy to sniff out the students here

          • @gimme: Is it? Would you say I was a student?

    • That's exactly what I was thinking haha

Login or Join to leave a comment