Surely this isn't right - concerning pay.

[The[cookie]Doctor]

I'm not sure if anyone would know or if someone can point me in the right direction, just have some questions.

If you work more than 38hrs per week you are supposed to get paid overtime (1.5 x first 2 hrs, 2 x thereafter).

Last week I worked 42.5 hours. I worked the public holiday which was 9.2 hours. I would expect that I should have been paid 4.5hrs overtime.

For some reason the pay seems to be split to make my ordinary hours come down to 33.3 - and then PH is paid so it doesn't appear there is overtime on ordinary hours.

This has happened previously when I was training - as training rates are paid separately (but on the same payslip)I could do a 50hr week and get no overtime.

Does this make sense? Surely this is not right? That the pay is detailed separately and therefore makes staff 'ineligible' for rightful overtime rates???

My DP is under the impression this is probably illegal?

[tk1999]

It depends - do you get ADOs? Then you would work a 40hr week and be paid for 38hr and accrue the 2hr towards the ADO...

If you worked 40 hours (including the PH) then you would have been paid for 30.4 hours of normal, plus 7.6 hours of PH (but should be a higher rate than your normal hourly rate) and then another part for the hours excess of 38 ITMS.

Happy to help further if you want to PM me the details of your pay slip

[The[cookie]Doctor]

No. We just get paid for the hours we do. No RDO's or similar. That is why I am concerned. Because regardless of whether a PH has been in the pay week - I have still worked overtime within that week and surely I am still entitled to overtime rates? It's as though they substitute eligibility for overtime because you already get double time rate for working PH.

*confused*

[briggsy's girl]

PH's are usually itemised seperately as they are paid higher rate and coded to show why you get the higher rate = but, with the PH and the fact that your other hours are higher than your normal working week, you should be getting overtime (unless it's not part of your agreement)

[The[cookie]Doctor]

That's the thing our agreement got updated recently and I dont recall there being a clause that if a ph was worked ordinary hours had to be higher than 38 to receive x2. Might have to ask my mgr.

[briggsy's girl]

nah, you shouldn't have to work longer ordinary hours at all

if you worked longer than your standard 7.6day on the PH you should get higher penalty rates for that day. then anything you worked extra for the other four days should also be paid higher rates

[~Kim~]

what does your agreement say is a normal working week? That's where they might get away with it.
For example we are on a rotating roster so might work 46hours one week and then 32 the next - therefore still only working 76hrs a fortnight.

You should still get some benefit for working public holidays though, whether it be higher pay rate or extra leave. Not all employers pay a higher rate.

[The[cookie]Doctor]

38hr week. I got the PH benefits, that's not the issue. I will ask my RGM and see if she can shed some light on it, maybe she knows something about the agreement that I do not.