AIBU to not sign this contract?

[shheeepp]

Hi everyone,

Need some advice! I've taken up a part time job just to boost income a bit. Manager told me she'd need me to work 21 hours a week because of the shifts, it's a 18 hour contract. This I didn't mind at all, extra money for me at the end of the day. I told him it was fine.

Fast forward, I've just received my contract. It's from the company headquarters obviously and says

'You will be expected to work extra hours, unpaid, for the business and its requirements. This has already been considered when setting your basic pay'...

The pay is minimum wage? Surely that's illegal? So they want me to work 12 hours plus for free a month? I'm so confused and stressed.

AIBU to not sign this contract? And are they allowed to do this?

Thanks!

Don't sign it. Are you a member of a union? If so, show it to them. Or try Citizen's Advice if you can make contact with them. I don't see how that's legal, but I am not a contract expert.

I'd be naming and shaming the company...and there's no way I'd sign that!

I'd cross that bit out then sign it.

Solid no, that can't be legal. Is it a small company?

DO NOT sign this! Contact ACAS and ask for advice

From citizens advice

Nope, don’t sign!

Where does it say that you need to work 12 hours for free?

Surely this is making you work for less than minimum wage which is illegal

An extra 3 hours a week, is about 12 hours a month, so 2/3 of a week expected to be worked unpaid every month.

The pay is minimum wage? Surely that's illegal? So they want me to work 12 hours plus for free a month? I'm so confused and stressed

Just to check - you are absolutely certain it's minimum wage? You're on an hourly rate, not salaried?

They can't pay you the equivalent of less than minimum wage for the hours worked

Sounds illegal to me.

It doesn’t matter if it’s a salary or an hourly rate, it needs to be at least her 21 working hours x min wage.

I'm glad I'm not being unreasonable judging from the initial response! My mind is boggled! I absolutely cannot afford to work for free at all. Never mind 12 hours a month.

I am 100% certain it's minimum wage. Without being too outing it's working for a chain of bars, and states in the contract I'm in an hourly rate of the current minimum wage for my age group!

Don't sign it, and I'd also report the business to HMRC for breaching the minimum wage rules.

Whether it's an hourly rate or salaried is totally irrelevant. If the salary divided by the number of hours actually worked (not what's listed in the contract, but hours actually worked) is less than NMW, that is illegal.

Here it sounds as though the basic contracted hours are at NMW (whether salaried or hrly rate), but the company is requiring workers to work additional hours unpaid. Totally illegal, and definitely needs reporting.

https://www.gov.uk/government/publications/pay-and-work-rights-complaints

This is appalling behaviour by an employer, so I wouldn't feel any guilt about reporting them OP. They also deserve to be named and shamed.

Definitely don't sign it. They can't expect you to work for free. They sound like a terrible company to work for. If I was you I would look for something else

Report company as it's illegal

Also find another job

Lots of salaried jobs include a clause like that.
I think mine says "reasonable hours necessary to complete duties," or words to that effect. These are usually higher paid roles though.
I wonder if your employers have heard of this and not realised it will take you below minimum wage.

100% don't sign.

I'd double check the salary, then politely enquire over the hours.

Minimum wage is now £11.44, so if you're working 18 hours a week that's £205.92 a week, or £10,707.84 a year.

If you're sure it's minimum wage, then contact them to say you're a little confused over the hours, as the minimum wage is £11.44/hour, so if you worked 21 hours, this would be under the minimum wage, so either the contract is 18 hours, or there is an error with the salary.

Your contract should clearly state your rate of pay as a value and if you work part time it should also state your full time equivalent (FTE). I'm assuming you are in the UK, if so this contract is not legal.

You will be taken advantage of left right and centre!!

M&B by any chance? My DH worked for them for years. His contract said something like "40 hours per week or to the run of the business".
He was salaried on more than NMW but I still found it a piss take as he'd more often than not do 50 hours a week being paid no extra for the additional hours!

Nope do not sign

Sports Direct were pulled up on this last year at their headquarters for not too dissimilar. To be fair they were doing it back in 2010 in their stores. At the end of every shift staff were made to empty out their pockets and have searches done. It worked out an extra 15 minutes a shift in some cases. Of course all unpaid.