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VIC Employment Contract of 38 Hours But Working 40.5 Hours Per Week

Discussion in 'Employment Law Forum' started by Fraser, 20 November 2015.

  1. Fraser

    Fraser Member

    20 November 2015
    Likes Received:
    I have your typical 38hr full-time employment contract in my current role and so do many of my colleagues. The problem is, during our induction we were told by HR that our working hours are from 9 am - 5:30 pm with only a 30min break. If you can't be bothered with the maths, that's a 40.5 hour week.

    Now obviously you're expected to work additional hours to meet the expectations of the role and I understand that's part of the contract and I am compensated accordingly. I currently do 55hrs+ in such manner and am not challenging that issue.

    My question is - can they actually openly communicate that my work week is 40.5hrs when my employment contract says 38?
  2. Paul Cott

    Paul Cott Well-Known Member
    LawTap Verified Lawyer

    26 May 2014
    Likes Received:

    That is probably acceptable as you have all accepted the different arrangement and you are compensated for the extra hours worked.

    To tidy up the company should probably amend the hours worked in the contract and have the contract properly reflect the arrangement

    Hope get assists.

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