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382 posts

Ultimate Geek
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# 138656 12-Jan-2014 15:58
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Hi everyone!!!
Got a question, dunno if it is here i can post, but if i work 7 days straight, is there any special wages for that? random question but yeah couldn't find any info about that




      

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  # 965530 12-Jan-2014 16:02
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No, it's not unusual for the likes of dairy farmers to do 12 on 3 off, so nothing special about doing 7 days straight.

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  # 965534 12-Jan-2014 16:06
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Your work hours are an agreement between you and your employer.

There is no Max amount of hours you can work in a week but its your employers responsibility to keep you safe in the workplace (ie make sure you not tired and over worked)



 
 
 
 


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  # 965535 12-Jan-2014 16:13
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What does your employment contract say?

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  # 965536 12-Jan-2014 16:13
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Klipspringer: 

There is no Max amount of hours you can work in a week 


Unless you're a truck driver.

70hr before a mandatory 24hr break.

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  # 965542 12-Jan-2014 16:17
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Airline pilot



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Ultimate Geek
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  # 965548 12-Jan-2014 16:24
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i have no contract and i pretty much have no choice to BUT work 7 days. :( especially coz my job is short staffed and my boss let one of our colleague go away over the period of 4 weeks and i kind of had no choice to work every day for the period time of 4 weeks open til close and only having 2 days off.

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  # 965550 12-Jan-2014 16:28
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Everyone should have an employment agreement, unless you are a contractor - doesnt sound like you are

 
 
 
 


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  # 965552 12-Jan-2014 16:31
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Ask management for a employment contract



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Ultimate Geek
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  # 965564 12-Jan-2014 16:55
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i have but he doesnt really have one always making up excuses, im looking for a new job in the process anyways, with a contract in it. However no, i am not a contractor, but because im working in the mall we have to be open, and my boss seems to think every solution has my name written all over it! including working these hours!

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Ultimate Geek
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  # 965787 12-Jan-2014 23:02
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patrickstarr: i have but he doesnt really have one always making up excuses, im looking for a new job in the process anyways, with a contract in it. However no, i am not a contractor, but because im working in the mall we have to be open, and my boss seems to think every solution has my name written all over it! including working these hours!


You need to let your employer know they are breaking the law if they have not made a written agreed contract of employment with you. 

A well-considered, written employment agreement ensures employees know what you expect from them and what their duties are, and protects both of you. If a dispute does arise then you can refer to a signed copy of the employment agreement, or details of the collective agreement, under which they were employed.

 

  • The law requires you [employers] to have a written employment agreement. You and your employee should both sign the agreement so there is no dispute about what was promised or agreed on.
  • Consider the impact of existing collective agreements in your workplace, as follows:

       

    1. If there is a collective agreement in your workplace and the person you hire is a member of that union, then the new employee must be offered the conditions in the collective agreement.
    2. If there is a collective agreement and the person you hire is not a member of that union, then you must then give the employee the conditions in the collective agreement for the first 30 days of employment. If they choose to join the union they will be covered by the collective agreement, or if they choose not to join you can negotiate a new individual employment agreement with them.
    3. If there is no collective agreement in your workplace, then the new employee will be covered by an individual employment agreement.
 http://www.dol.govt.nz/infozone/businessessentials/employ/employment-agreements/




Then there is this:

 

40-hour 5-day week

 

     

  •  

     

    (1)Subject to subsections (2) and (3), every employment agreement under the Employment Relations Act 2000 must fix at not more than 40 the maximum number of hours (exclusive of overtime) to be worked in any week by any worker bound by that employment agreement.

     

     

     

    (2)The maximum number of hours (exclusive of overtime) fixed by an employment agreement to be worked by any worker in any week may be fixed at a number greater than 40 if the parties to the agreement agree.

     

     

     

    (3)Where the maximum number of hours (exclusive of overtime) fixed by an employment agreement to be worked by any worker in any week is not more than 40, the parties to the agreement must endeavour to fix the daily working hours so that those hours are worked on not more than 5 days of the week.

     

     

    Section 11B: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

     


http://legislation.govt.nz/act/public/1983/0115/latest/DLM74459.html?search=ts_act%40bill%40regulation%40deemedreg_Minimum+Wage+Act+1983_resel_25_a&p=1

You're not on a 90 day trial 'employment' are you?

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  # 965790 12-Jan-2014 23:07

He does have a default agreement set by law which is above. If no contract has been signed then they are bound by the defaults set by law.

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Ultimate Geek
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  # 965794 12-Jan-2014 23:23
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patrickstarr, IANAL but it seems like you have great bargaining power right now. I think you should tell your boss that you won't be working the extra 2 days unless he presents you with a contract with overtime built in to it. If he fires you, go straight to employment tribunal where you will pick up a payout.


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  # 965824 13-Jan-2014 01:45
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Doubt it, unless you bring it up or its in the contract like the others said.

First week back at my summer job, done 4 days of training (mon-thursday) then moved straight into my normal shift (wed-sunday). Then on sunday I done 2 hours 'overtime'. 58 hours in my first week. And they underpaid me at the end of it by like an hour.

I ignored it because I simply won't do it again, but I think you should bring it up beforehand.




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  # 965825 13-Jan-2014 03:18
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secretly record all your conversation from now on so you have proof




Swype on iOS is detrimental to accurate typing. Apologies in advance.




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Ultimate Geek
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  # 965853 13-Jan-2014 07:53
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thanks for your replies :) ive been working for him for 3 years, so no 90 day period.
Not trying to sound cocky or anything but he cant fire me because he needs me more than i need him, i have threatened to leave once but he promised me stuff which he hasnt fufilled so im like stuff you! im worth more than what he is paying me and finding another job at the moment, doesnt matter if it is leaving my dream job in the industry.

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