Working hours as a salaried worker

Luap76

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Hi there

I have been working in retail for the past 25 years and I receive my salary once a month. I do a good job but I have to say that it really annoys me that for the past 25 years I have been rostered to work 45 hours per week as a manager whereas staff work 39 hours and if they go above this they are paid overtime.

I have calculated that I have worked two and a half years for free over the past twenty five years which I feel is an abuse of power by my employer. I feel employers abuse their position when paying salaries by expecting their employees to work extra for free
 
A few obvious questions spring to mind immediately:

Do you have a contract of employment, and, if so what hours does it state?
Are you a member of a trade union, and if so, what do they have to say about unpaid overtime?
Are there other managers and if so, are they treated differently to you?
Have you raised this problem with your employer?
 
Are managers not compensated financially for the longer working week and lack of overtime i.e., paid more than their staff?

I'm guessing they are but from your perspective it's not sufficient compensation for the additional effort. Over the past 25 years have you asked for a pay rise/change in terms? Alternatively if the benefits are so skewed in the favour of staff would you consider seeking a demotion?

If none of the above brings you any satisfaction and/or you've been unhappy for 25 years why not change employer. There are plenty of good employers out there.
 
It is standard enough what salaried managers are not paid overtime, but then again they are not rostered for a 45 hours per week. As Skrooge says, managers are paid more to compensate. It all ties into your contract etc.

Other factors also come into play: You have to get at least 8% of hours worked as holidays. What happens of you exceed for than 48 hours per week in a 13 week period?
 
A few obvious questions spring to mind immediately:

Do you have a contract of employment, and, if so what hours does it state?
Are you a member of a trade union, and if so, what do they have to say about unpaid overtime?
Are there other managers and if so, are they treated differently to you?
Have you raised this problem with your employer?
It doesn’t state my hours in my contract. I not a member of a trade union. All managers are treated the same. No I haven’t raised it with my employer because I would probably be transferred if I did.
 
Are managers not compensated financially for the longer working week and lack of overtime i.e., paid more than their staff?

I'm guessing they are but from your perspective it's not sufficient compensation for the additional effort. Over the past 25 years have you asked for a pay rise/change in terms? Alternatively if the benefits are so skewed in the favour of staff would you consider seeking a demotion?

If none of the above brings you any satisfaction and/or you've been unhappy for 25 years why not change employer. There are plenty of good employers out there.
Yes we are paid more than our staff but that is because we have to manage staff and have more stress and pressure than staff. As I work in retail I can also be transferred from town to town when it suits the company which has added an extra 90 minutes to my daily journey, so I think a bit of extra pay for that alone is warranted. Also why would I seek a demotion ?? I am talking about work life balance and not being taken advantage of really at the end of the day.

The point I am making for all salaried staff is that some companies use paying salaries to staff / managers as a way to get them to work extra hours for free which imo us not right. That’s all
 
No I haven’t raised it with my employer because I would probably be transferred if I did.
You should probably look for another employer. If approaching them to discuss your working conditions would result in penalisation there's probably very little chance of much changing.
 
Yes we are paid more than our staff but that is because we have to manage staff and have more stress and pressure than staff. As I work in retail I can also be transferred from town to town when it suits the company which has added an extra 90 minutes to my daily journey, so I think a bit of extra pay for that alone is warranted. Also why would I seek a demotion ?? I am talking about work life balance and not being taken advantage of really at the end of the day.

The point I am making for all salaried staff is that some companies use paying salaries to staff / managers as a way to get them to work extra hours for free which imo us not right. That’s all
If you were rostered for 39 hours but were expected to work extra unpaid hours then that would be your employer getting you to work extra unpaid hours. You are rostered for 45 hours so there's nothing underhand going on. Your hourly rate is whatever you get paid per week divided by 48 (39 hours + 6 hours at an overtime rate of x1.5 standard). If your employer manages their employees through fear, if you complain they'll constructively dismiss you by making your life difficult, then they are a bad employer and you should move jobs.

Your work life balance is nothing to do with your employer. That's 100% for you to manage.
 
You have the right to join a union, regardless of your position as a manager.
All salaried employees have the legal right to be a member of a union.
This will give you access to professional representation, legal advice and a negotiator in the event of any dispute.
If you are not sure which union to join, fill out this form and ICTU will advise you.


 
In your situation I'd likely look for another job; one with laid out terms of employment. I wouldn't mention my gripe to the current employer or future employer, no profit in it. Just "looking for a change". I'd want a clean exit, smile and wave.
 
Yes we are paid more than our staff but that is because we have to manage staff and have more stress and pressure than staff.
There’s your answer. You have different terms and conditions to non-managerial staff.
The point I am making for all salaried staff is that some companies use paying salaries to staff / managers as a way to get them to work extra hours
There’s nothing unusual about that. Even in the civil service, senior managers don’t get overtime for extra hours worked, which may be considerable. There’s an understanding that the salary provides for the possibility that this may be a requirement.
 
The point here is that it's the employee who has to raise the issue with the employer. If the employment is as onerous as the OP suggests I can't see the employer raising it.
 
Are you 100% certain on that? An employer / work load has a large part to play in an employee being able to achieve this.
Employers have a duty to ensure staff don't work too long and get sufficient time off. But it sounds like the workload here isn't in excess of the average 48 hours per week limit set out in the Working Time Directive. After that it's up to the employee to achieve balance with the rest of their time.
 
Yep.

I don't understand what you're saying there.
What I mean is employers talk about employees having a work life balance. However, sometimes that's all it is, talk to cover their own backsm
For some people or riles it can be difficult to achieve. If you raise it as an issue (as I have in the past) you may be told everyone is busy or you should delegate etc. When everyone is busy who do you delegate to? The above scenairio happened to me. I had no one to delegate to
Its a real issue for many people and the root cause is management not being aware of the workloads of staff or just burying head in sand in terms of resources needed to complete tasks on time etc.

Neither of these are good management, and both result in staff not being able to achieve the work life balance that companies say they actively promote. This may not be relevant to the OP.

They have said theirc ontract is silent on working hours. There has to be some limit on hours they are expected to work or it becomes impossible to achieve a balance.

OP, you should raise it as an issue. Request a meeting, outline your concerns and then send an email to sum up your concerns. If meeting is not forthcoming, send an email. That way you have a record of it and they will be less keen on penalising you for raising it as a matter of concern down the line. Doing nothing is the last thing you should do.
 
I've never come across a manager in the private sector who was overtime enabled. Perhaps they exist but certainly not in the tech industry where I work. I'm rostered to work a 37.5 hr week, probably work a 45-50 hr week and don't get paid overtime for it. I will get paid if I get a call out overnight or at weekends but that's it.

For my additional hours, I get more salary, more benefits and more opportunities and more control over my own life and workload. It's a fair trade off in my mind.

As for work life balance, to me, both employer and employee have responsibilities. Both have legal responsibilities for their own health and safety as an example of that.
 
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