Overtime/day in lieu

[sophiedb]

how do folks - anyone know much about employment law?

Hubby has a decent job, with a fairly decent company. Certainly not looking to change, not given the situation in Chch and elsewhere, but I am pretty irritated with his managers at the moment.

His contract states that he should work a minimum of 40hr per week. Paid by salary, no overtime $$, even when they ask for closer to 50hr per week.

Today he has just come back from Invercargill, where he was send by work for 12 days inclusive. They paid for flights, accommodation, food etc, but his payslip will only show his normal salary despite having worked for 10-12 hours every single day that he was there. Including Saturdays and Sundays. AND they want him back at his normal workplace by 8am (as usual) tomorrow. So by the end of this he has spent nearly 2 weeks away from home, working 17 days non-stop, and all on the promise of 4 days in lieu. When the manager agrees to let him take them.

My biggest question in all this, is whether there is anything resembling the EU's Working Time Directive in NZ? My guess is not, but the fact that they can make him work for 17 days with only a break to sleep seems crazy to me!

I hate making a big fuss, but the fact that this trip went well means they're likely to send him again. At the very least I will be making loud noises if he's not permitted to take those 4 days in lieu BEFORE he goes back, because unlike annual leave they cannot be accrued year on year.

ta, Soph xx

[edw123]

Not much he can do I'm afraid.

Employment law in NZ is roughly similar to the UK, but very different in other ways. I guess some key differences are:-

-No working time directive or similar. Holidays act is in existence, but nothing like consecutive days/hrs worked minimum for standard employees unless part of a collective (nor maximum/minimum temperatures either)
-Unlike the UK, you cannot be given notice by an employer in YR1 of employment without them following a set disciplinary procedure - so protects workers in one way, but also means workers more cautious when employing staff. Probationary periods can't exist on this basis.
-The workforce is heavily unionised. Unions in health, for example, will have rules against what you set out above. But conversely, it means being unionised, non union employees get a very, very raw deal from unions who effectively use legal powers and strong supporting legislation to stop non-union people getting what unionised staff get!

I'm afraid really there's only 2 things your husband can do:-

1) Talk to his employer, explain that it's tough to expect him to work in this way, he wasn't aware it was required etc. etc. and make sure he understands if it's infrequent etc. - it's not as if they can replace him as per above!
2) Move jobs to work somewhere else.

Because of the things I mentioned above - virtually no protection for non-unionised employees bar the 1 yr rule - there's also virtually no case law or precedents in NZ to state, there's no x vs x like you get in the UK, so not much hope of tribunals etc.

I guess a lot depends on what he gets paid, and what the role is. I am in a similar position - I get 40hrs per week, no overtime and, being in public sector, no bonus or other benefits. I'm in theory doing 40hrs a week, but I do 8-6 Mon-Fri at the very least (50hrs), plus work at home and do a few hrs on weekends. Of course, if I were an administrator, I would be leaving, but I'd guess your husband is someone fairly senior, so on that basis, well, it's same as the UK - you need to do the hrs to build the career....

[JandM]

I think it's going to be the loud noises for you, Sophie. http://howto.yellow.co.nz/celebratio...working-hours/

Maddening - what a way to treat somebody!

[edw123]

I'd agree this is excessive, but setting a limit on the working day is insanity; given the fact NZ's economy is hardly a cracker, it needs all the help it can get. Restricting a working day would hammer productivity and would significantly impact economic growth.

Generally market forces will win out in the end; if you don't want to do a job which forces long hours, well, don't do the job, do something else.

[Sun777]

I off in-lieu at the first given opportunity so that my manager doesn't change his mind and overworked hours remains fresh. I do work out of office hours but that's just once or twice in 3 weeks, sometimes I compensate it by leaving early on Fridays .

I'd strongly suggest he takes his leaves as soon as possible, from what I have come across Managers have short term memory when it comes to giving off in lieu.

[Mamee & Co]

It is a hard one Sophie. I think it stems from the base reason a lot of us are here in NZ. It has a skills shortage!

However even with the working time directive in the UK I think you would find that it did not matter if you were in middle management....you still worked horrendous hours!!! I would suggest that he takes his TOIL ASAP unless officially recorded in leave system, in case manager forgets. He should also find out from colleagues if this is typical.

Some NZ companies have a long hours culture. We are currently striving within our dept to get the work life balance back, but I work for a US sub with short reporting deadlines and lots of adhoc requests so it is difficult, but we are starting to push back. It may require a chat with his manager in diplomatic terms about the future, to check if just a one off.

If it is to continue, he might need to find something else though it is hard knowing the culture in the place before you start. Non unionized salaried employees do not tend to get overtime. We work for the love of it! Ha ha!!!