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contract advice for a friend

(4 Posts)
moschops Wed 23-Feb-05 14:54:45

not sure if anyone can help but its always worth asking!!

friend has worked for company since leaving school, she is now 21.

recently all staff were told that new contracts would be issued (old contract not yet run out) and they would have 13 weeks from issue to sign it. none of this has been issued in writing.

her boss asked her if she had signed it yet, to which she replied i thought i had 13 weeks and he said no it has to be by the end of the week.

all this contract is, is a paragraph on headed paper that says the staff agree to work up to 48 hours a week when required. literally that is all it says.

surely this can't be right.......no terms of pay/holiday etc.

is there anything she can do or is she going to have to sign this contract?

Frizbe Wed 23-Feb-05 15:03:41

hmm sounds like an amendment to original contract to me if that's all it is? but I'm not a legal bod, so bump!

sis Wed 23-Feb-05 20:07:05

That is illegal! Under the working time Regulations 1998, employees are not supposed to work, on average, more than 48 hours per week but can choose to opt out of the 48 hour limit by signing a note to that effect. Your friend has been given one of these opt-out forms and it is up to her to choose whether to sign it or not. It is unlawful for employers to put pressure on employees or require employees to sign the opt-out!

There is guidance on this on the dti website at the bottom of this page under the section 'What if a worker agrees to work longer hours'.

HTH

moschops Thu 24-Feb-05 10:16:42

my friend has been given ONLY this piece of paper. the company she works for are erm not very nice (i don't want to swear!!)

the staff have been told this is a replacement contract and not an amendment of the one she currently has.

the thing is the staff have been TOLD lots of things but the company do not issue any of this in writing.

i spoke to her again last night and told her to speak to her mums personnel dept (her mum works for a major company) they might be abale to give her a bit of advice.

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