If you are on a salary, and it works out you are on below minimum wage, what can you do?

[Quootiepie]

DH just changed jobs and is payed a salary but his hours are so erratic. His first job was 6.45 this morning (meaning he actually started work about 5.45) and his last job is now 9pm (which means getting home after 10pm). He has only been in the job about a week, but everyday seems to have the same pattern - in my eyes they are taking the piss. His first job yesterday was midmorning, but he didn't get in until after midnight. The only reason he had until mid morning is his XDA wasn't working to accept more jobs! He was supposed to finish at 7pm tonight, meaning he has been working over 12 hours but they have bunged another job on him... I have just calculated his hourly rate and it is below minimum wage - can they even do this?

So, that works out start to finish today has been 17 hours and no decent break (only 10 minutes here and there)

you can't really include travel time to and from work for an hourly wage tho
not sure about your other questions

Well, he is a chauffeur (sp?) and his first job might be 6.45 but he has to get to the airport, hence starting at 5.45.

Justy miffed because he seems to be working nearly 24/7 for peanuts, when they said the salary it was low, but OK... but for we thought would be about a 40 hour week.

there are limits on the hours you can work (so long as your DH hasn't opted out), rest breaks & the "gap" between working days under the European Working Time Directive

see here for more info

info on the minimum wage regulations here

just noticed you said he's a chauffeur

he's probably covered by the "drivers" working time rules, which are even more stringent than ordinary workers

see here

Quootiepie what does his contract say about his official working hours and working over them? He may have an official working week of 40 hours or whatever, but it might say something like 'occasionally more hours to get job done' or something similar.
There are as Betsy says limits on total hours you can work in a week, although you can opt out of this. You can't opt out of regulations about rest breaks and gap between working days though. Have a look at Betsy's links about this.

Best bet about the minimum wage stuff is to phone the IR helpline which is designed for queries like this. The number is on Betsy's link.

He handbook says he must have 8 hours break in any 24 hours, and if not a 4 hour break at first oppertunity (can't spell). I think they are sticking to that, but very very closely! I think that link applies to voer 3.5tonnes and/or more than 9 people in vehicle.

Quootie I haven't read up on it but those working in road transport, including chauffeurs, aren't covered by working time in the same way as others, they have special regs here. I don't know what it says, haven't had time to read it, but have a look and see if they are complying.

Workers may not exceed an average 48 hours working time a week over the reference period, nor may they exceed 60 hours working time in a single week (a week always starts at 00.00 on Monday morning).

He is WAY over 48 hours, but then there are times when he is sitting between jobs at Heathrow for a litle while they I guess techinically isn't work. His XDA does have a 'start job' button, I guess he presses that when he is on his way and they calculate his time from that. It says also on that link it is worked out on average over 17 weeks... so he could theoretically work 16 hours a day for 7 days and it not be a 'problem' (I think).

Betsy I'm so sorry, I just realised you linked to the drivers stuff way before I did, how rude of me not to check first!

no worries Flowery