Law-Forums.org

[chavivi]

I have worked at my current workplace since around the 2nd or 3rd of january on an 8 hour contract. The thing is i am permenantly doing more than 8 hours and i do not get asked if i want to do these hours (as if it was overtime). therefore considering i have been there for almost a year working more than 8 hours surely i am allowed by some law to have my contract upped to at least 16 hours is this correct

any help would be appreciated

[dodya]

Nope. You only have the job as long as the employer wants/needs you. You would be mistaken if you think you have any right or contract. You have no contract.

[chason62]

The answer to your question is: NO

Sorry but you have spoilt your employers by constantly working extra time unpaid, they are used to it now and you can't go back to them a year later and ask for a new contract with a 16 hour day.

What you should have done when you were asked to do more than your contracted hours was to shake your head and find excuses like a very ill mother in law, picking up the kids, wife having to go to dentist, doctor etc and politely refused.

But like the good guy that you are you just kept on working and working and working for free and now they expect you to continue working extra hours for free. You can approach your employers to give you another contract with additional hours but chances are you will be forced to find another job now.

Don't be so nice in your next job.

[christie42]

The answer to your question is: NO

Sorry but you have spoilt your employers by constantly working extra time unpaid, they are used to it now and you can't go back to them a year later and ask for a new contract with a 16 hour day.

What you should have done when you were asked to do more than your contracted hours was to shake your head and find excuses like a very ill mother in law, picking up the kids, wife having to go to dentist, doctor etc and politely refused.

But like the good guy that you are you just kept on working and working and working for free and now they expect you to continue working extra hours for free. You can approach your employers to give you another contract with additional hours but chances are you will be forced to find another job now.

Don't be so nice in your next job.

Yeah! One night

[adalwine]

No law, but you could try talking to your employer...

[lamarr3]

You are not entitled to anything. If they gave you a contract for 16 hours and did not have the work for you to do, then you would be insisting on being paid for 16 hours. They are being clever about this and I doubt very much if they will change anything.
UK

[darrick34]

Generally, I agree with those who have in effect replied 'too bad'. If you agreed to an 8 hour contract, then anything more is a bonus. Nothing to prevent you asking though.

There is a point after which you *might* be able to assert that your actual hours are x (x being much more than 8). Such a point is not defined in law, but it would in my view be at least 12 months after this became your regular hours. Your best angle would be, as you are thinking, that your holiday pay is not a true reflection of your worked hours, hence in breach of Working Time Regulations.

It is probably too much to hope you are a trade union member, but now you know why many people are, even if it isn't so fashionable these days.

Good luck.

[blaeey]

When I first started my current job it was an 8 hour contract - this was 2 years ago. I worked on average 20 and it didn't change... Why should it change? Take for granted that you are getting offered more hours as there are plenty of people out there who are vying for as many hours as possible.

[shipley]

When I first started my current job it was an 8 hour contract - this was 2 years ago. I worked on average 20 and it didn't change... Why should it change? Take for granted that you are getting offered more hours as there are plenty of people out there who are vying for as many hours as possible.

So how are you going to force your employer to give you a contract with more hours in it? Beat him over the head with a lead pipe? There is no law that forces employers to increase hours!