Hours of work and wages 


What hours do I have to work?

My hours have been changed and I can't do those hours. Can they do this?
Am I legally required to personally sign and fill out all of my own time sheets?
How many paid breaks can I take in my shift?
Am I supposed to get extra money for working over-time?
What are the rules about feeding my baby at work?

What hours do I have to work? Can my boss change my hours without checking with me?

Your boss can’t change the hours set out in your employment agreement without you agreeing to this, unless your employment agreement contains an express right for your employer to do so. Your boss should explain to you why he or she has had to change your hours of work and let you have time to respond and get independent advice if you want. You should talk to your boss and try to negotiate as much as you can for the hours that you want. Some employment agreements may say that the employer can change an employee’s hours of work. If this is the case your boss still has to act fairly and reasonably before making a change. If this issue can’t be resolved between you and your boss then you can take the matter to mediation. Visit the Employment Relation Service website for more information about mediation.


My hours have been changed and I can't do those hours. Can they do this?


If your hours have been changed to a time that you can’t work then your employer has probably not made a fair and reasonable decision when changing your hours. You should talk to your employer about why you can’t work these hours and ask them to give you hours you can work. If they are unwilling to change your hours, then you should either speak to your union or consider raising a Personal Grievance for unjustified disadvantage.


Am I legally required to personally sign and fill out all of my own time sheets?

Legally, your boss has to keep and maintain an attendance and leave record for every employee. There is no legal requirement for employees to do this but completing a time sheet every week might be part of your workplace policy. If it is in the employment agreement then it is up to you and your boss to sort out a system that works for both of you. If, as an employee, you forget to fill out your time sheet, your boss can’t withhold payment unless it says so in your agreement. Of course, if your timesheet tells your employer what hours you have worked, it will need that information to work out your wages.  Make sure you talk to your employer so you are both clear about the process.


How many paid breaks can I take in my shift?


Employers have to give employees paid rest breaks and unpaid meal breaks. The number of breaks you should get will depend on how long your shift is.

  • For every shift that lasts more than 2 hours and up to 4 hours, you can take one paid 10 minute rest break.
  • For every shift that lasts more than 4 hours and up to 6 hours, you can take one paid 10 minute rest break and one unpaid 30 minute meal break.
  • For every shift that lasts more than 6 hours and up to 8 hours, you can take two paid 10 minute rest breaks and one unpaid 30 minute meal break.
  • For shifts that are longer than eight hours, you can take the eight hour entitlement plus additional breaks for each extra two hour period you work, depending on the total length of the shift.

You and your boss can negotiate how and when the breaks are taken as long as you are both in agreement.
 

Am I supposed to get extra money for working over-time?

If you are working more than the hours set out in your employment agreement then you have to be paid for the extra hours if you are on an hourly wage. If you are on a salary then this includes your pay for any extra time you work, unless there are specific provisions in your employment agreement that say you will be paid extra for overtime. There are no legal requirements for paying overtime above the normal rate of pay unless stated in your employment agreement. That is for you and your boss to negotiate. If you feel you haven’t been compensated for your overtime hours then you should speak to your boss and make it clear you aren’t happy. If you need further help then you can contact the Department of Labour on 0800 20 90 20.


What are the rules about feeding my baby at work?


Your employer is required to provide you with adequate breaks and facilities to breast feed, bottle feed and express milk. You will have to negotiate with your employer the breaks that you will need to adequately feed your child or to express milk. These will be unpaid breaks, unless you and your employer agree otherwise. Your employer must also provide an appropriate place to feed an infant. This place will have to have enough privacy for a mother to breast feed and possibly a fridge or chilly bin to store expressed milk. The breaks for infant feeding are in addition to your minimum paid breaks as required by law unless you agree to feed your baby or express milk during a paid break. For more information, see the Department of Labour website.

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