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Employment Contract refuses pay for time spent at work outside of store hours [closed]
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I work at a retail/department store chain based in New Zealand. Salespeople of this store are expected to arrive at work half an hour before the store opens to discuss sale prices and general administration issues. I noticed quite shortly after starting my employment at the store that I was not being paid for this half an hour.
I brought this to the attention of my manager who informed me that no one gets paid for this time, and that it is stated so in our Employment Contract. After discussing with other colleagues it became apparent to me that they did not consider this to be odd or unfair.
Am I wrong to think that this is not only unprofessional but also illegal? The fact that this is stated in our contract makes me reluctant to contact the companies HR department. How can I handle this problem without causing problems for my employment?
hours legal new-zealand
edited Aug 19 '15 at 8:15
Stephan Kolassa
8,35532850
asked Aug 19 '15 at 8:11
LJPark
92
closed as off-topic by scaaahu, gnat, David K, Alec, Jane S♦ Aug 20 '15 at 3:23
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – scaaahu, gnat, David K, Alec, Jane S
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up vote
1
down vote
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I work at a retail/department store chain based in New Zealand. Salespeople of this store are expected to arrive at work half an hour before the store opens to discuss sale prices and general administration issues. I noticed quite shortly after starting my employment at the store that I was not being paid for this half an hour.
I brought this to the attention of my manager who informed me that no one gets paid for this time, and that it is stated so in our Employment Contract. After discussing with other colleagues it became apparent to me that they did not consider this to be odd or unfair.
Am I wrong to think that this is not only unprofessional but also illegal? The fact that this is stated in our contract makes me reluctant to contact the companies HR department. How can I handle this problem without causing problems for my employment?
hours legal new-zealand
edited Aug 19 '15 at 8:15
Stephan Kolassa
8,35532850
asked Aug 19 '15 at 8:11
LJPark
92
closed as off-topic by scaaahu, gnat, David K, Alec, Jane S♦ Aug 20 '15 at 3:23
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – scaaahu, gnat, David K, Alec, Jane S
This question is similar for the US, while this question is similar for the UK.
– Stephan Kolassa
Aug 19 '15 at 8:15
Thank you for linking those questions, I have read both of them. I was hoping to get more of a legal standpoint on this issue?
– LJPark
Aug 19 '15 at 8:16
9
The Workplace does its best to actively avoid giving legal advice beyond 'consult a lawyer', specifically because we are generally not lawyers, nor do we play any on TV.
– TJennings
Aug 19 '15 at 8:28
Speak to your union rep. If you don't have one - now is an excellent time to join a union.
– Terence Eden
Aug 19 '15 at 13:45
suggest improvements |Â
up vote
1
down vote
favorite
up vote
1
down vote
favorite
I work at a retail/department store chain based in New Zealand. Salespeople of this store are expected to arrive at work half an hour before the store opens to discuss sale prices and general administration issues. I noticed quite shortly after starting my employment at the store that I was not being paid for this half an hour.
I brought this to the attention of my manager who informed me that no one gets paid for this time, and that it is stated so in our Employment Contract. After discussing with other colleagues it became apparent to me that they did not consider this to be odd or unfair.
Am I wrong to think that this is not only unprofessional but also illegal? The fact that this is stated in our contract makes me reluctant to contact the companies HR department. How can I handle this problem without causing problems for my employment?
hours legal new-zealand
edited Aug 19 '15 at 8:15
Stephan Kolassa
8,35532850
asked Aug 19 '15 at 8:11
LJPark
92
I work at a retail/department store chain based in New Zealand. Salespeople of this store are expected to arrive at work half an hour before the store opens to discuss sale prices and general administration issues. I noticed quite shortly after starting my employment at the store that I was not being paid for this half an hour.
I brought this to the attention of my manager who informed me that no one gets paid for this time, and that it is stated so in our Employment Contract. After discussing with other colleagues it became apparent to me that they did not consider this to be odd or unfair.
Am I wrong to think that this is not only unprofessional but also illegal? The fact that this is stated in our contract makes me reluctant to contact the companies HR department. How can I handle this problem without causing problems for my employment?
hours legal new-zealand
edited Aug 19 '15 at 8:15
Stephan Kolassa
8,35532850
asked Aug 19 '15 at 8:11
LJPark
92
edited Aug 19 '15 at 8:15
Stephan Kolassa
8,35532850
edited Aug 19 '15 at 8:15
Stephan Kolassa
8,35532850
edited Aug 19 '15 at 8:15
Stephan Kolassa
8,35532850
8,35532850
asked Aug 19 '15 at 8:11
LJPark
92
asked Aug 19 '15 at 8:11
LJPark
92
asked Aug 19 '15 at 8:11
LJPark
92
92
closed as off-topic by scaaahu, gnat, David K, Alec, Jane S♦ Aug 20 '15 at 3:23
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – scaaahu, gnat, David K, Alec, Jane S
closed as off-topic by scaaahu, gnat, David K, Alec, Jane S♦ Aug 20 '15 at 3:23
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – scaaahu, gnat, David K, Alec, Jane S
This question is similar for the US, while this question is similar for the UK.
– Stephan Kolassa
Aug 19 '15 at 8:15
Thank you for linking those questions, I have read both of them. I was hoping to get more of a legal standpoint on this issue?
– LJPark
Aug 19 '15 at 8:16
9
The Workplace does its best to actively avoid giving legal advice beyond 'consult a lawyer', specifically because we are generally not lawyers, nor do we play any on TV.
– TJennings
Aug 19 '15 at 8:28
Speak to your union rep. If you don't have one - now is an excellent time to join a union.
– Terence Eden
Aug 19 '15 at 13:45
suggest improvements |Â
This question is similar for the US, while this question is similar for the UK.
– Stephan Kolassa
Aug 19 '15 at 8:15
Thank you for linking those questions, I have read both of them. I was hoping to get more of a legal standpoint on this issue?
– LJPark
Aug 19 '15 at 8:16
9
The Workplace does its best to actively avoid giving legal advice beyond 'consult a lawyer', specifically because we are generally not lawyers, nor do we play any on TV.
– TJennings
Aug 19 '15 at 8:28
Speak to your union rep. If you don't have one - now is an excellent time to join a union.
– Terence Eden
Aug 19 '15 at 13:45
This question is similar for the US, while this question is similar for the UK.
– Stephan Kolassa
Aug 19 '15 at 8:15
This question is similar for the US, while this question is similar for the UK.
– Stephan Kolassa
Aug 19 '15 at 8:15
Thank you for linking those questions, I have read both of them. I was hoping to get more of a legal standpoint on this issue?
– LJPark
Aug 19 '15 at 8:16
Thank you for linking those questions, I have read both of them. I was hoping to get more of a legal standpoint on this issue?
– LJPark
Aug 19 '15 at 8:16
9
9
The Workplace does its best to actively avoid giving legal advice beyond 'consult a lawyer', specifically because we are generally not lawyers, nor do we play any on TV.
– TJennings
Aug 19 '15 at 8:28
The Workplace does its best to actively avoid giving legal advice beyond 'consult a lawyer', specifically because we are generally not lawyers, nor do we play any on TV.
– TJennings
Aug 19 '15 at 8:28
Speak to your union rep. If you don't have one - now is an excellent time to join a union.
– Terence Eden
Aug 19 '15 at 13:45
Speak to your union rep. If you don't have one - now is an excellent time to join a union.
– Terence Eden
Aug 19 '15 at 13:45
suggest improvements |Â
1 Answer
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up vote
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Expectations of your working hours should be written into your employment agreement and are not necessarily related to the hours the store is open. If it is stated in your contract, then that is what you agreed to do -- and you are being paid to do it.
It seems unlikely there is a clause in your agreement that states "no one gets paid for this time". Is there? If there is, then you need to consider what you might want to do. Doing nothing is one option. Another would be to chat to a community law service (which is free).
There are some provisos around contracts: you are still entitled to at least the minimum wage based on the hours you actually work, and you are still entitled to special rates on public holidays. New Zealand employers can't "contract out" of these aspects of employment law.
answered Aug 19 '15 at 11:54
leptinella
211
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
Expectations of your working hours should be written into your employment agreement and are not necessarily related to the hours the store is open. If it is stated in your contract, then that is what you agreed to do -- and you are being paid to do it.
It seems unlikely there is a clause in your agreement that states "no one gets paid for this time". Is there? If there is, then you need to consider what you might want to do. Doing nothing is one option. Another would be to chat to a community law service (which is free).
There are some provisos around contracts: you are still entitled to at least the minimum wage based on the hours you actually work, and you are still entitled to special rates on public holidays. New Zealand employers can't "contract out" of these aspects of employment law.
answered Aug 19 '15 at 11:54
leptinella
211
suggest improvements |Â
up vote
2
down vote
Expectations of your working hours should be written into your employment agreement and are not necessarily related to the hours the store is open. If it is stated in your contract, then that is what you agreed to do -- and you are being paid to do it.
It seems unlikely there is a clause in your agreement that states "no one gets paid for this time". Is there? If there is, then you need to consider what you might want to do. Doing nothing is one option. Another would be to chat to a community law service (which is free).
There are some provisos around contracts: you are still entitled to at least the minimum wage based on the hours you actually work, and you are still entitled to special rates on public holidays. New Zealand employers can't "contract out" of these aspects of employment law.
answered Aug 19 '15 at 11:54
leptinella
211
suggest improvements |Â
up vote
2
down vote
up vote
2
down vote
Expectations of your working hours should be written into your employment agreement and are not necessarily related to the hours the store is open. If it is stated in your contract, then that is what you agreed to do -- and you are being paid to do it.
It seems unlikely there is a clause in your agreement that states "no one gets paid for this time". Is there? If there is, then you need to consider what you might want to do. Doing nothing is one option. Another would be to chat to a community law service (which is free).
There are some provisos around contracts: you are still entitled to at least the minimum wage based on the hours you actually work, and you are still entitled to special rates on public holidays. New Zealand employers can't "contract out" of these aspects of employment law.
answered Aug 19 '15 at 11:54
leptinella
211
Expectations of your working hours should be written into your employment agreement and are not necessarily related to the hours the store is open. If it is stated in your contract, then that is what you agreed to do -- and you are being paid to do it.
It seems unlikely there is a clause in your agreement that states "no one gets paid for this time". Is there? If there is, then you need to consider what you might want to do. Doing nothing is one option. Another would be to chat to a community law service (which is free).
There are some provisos around contracts: you are still entitled to at least the minimum wage based on the hours you actually work, and you are still entitled to special rates on public holidays. New Zealand employers can't "contract out" of these aspects of employment law.
answered Aug 19 '15 at 11:54
leptinella
211
answered Aug 19 '15 at 11:54
leptinella
211
answered Aug 19 '15 at 11:54
leptinella
211
answered Aug 19 '15 at 11:54
leptinella
211
211
suggest improvements |Â
suggest improvements |Â
This question is similar for the US, while this question is similar for the UK.
– Stephan Kolassa
Aug 19 '15 at 8:15
Thank you for linking those questions, I have read both of them. I was hoping to get more of a legal standpoint on this issue?
– LJPark
Aug 19 '15 at 8:16
9
The Workplace does its best to actively avoid giving legal advice beyond 'consult a lawyer', specifically because we are generally not lawyers, nor do we play any on TV.
– TJennings
Aug 19 '15 at 8:28
Speak to your union rep. If you don't have one - now is an excellent time to join a union.
– Terence Eden
Aug 19 '15 at 13:45