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VIC Working Unpaid Overtime - Legal under Employment Law?

Discussion in 'Employment Law Forum' started by Mae, 2 January 2016.

  1. Mae

    Mae Member

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    Hi, I am currently on a 457 visa in regional Victoria. I have been working for my employer for a year on salary and I have one more year to go before my contract and my visa expires. I usually work more hours than what is on the contract. I sometimes work 9-11 hours a day easily, especially if it is a busy season. I work in hospitality - in a restaurant and bar with a license up to 3 in the morning.

    Management always reasons out that we finish work early sometimes so it's okay that we have to work extra hours sometimes. This is untrue because when we finish early, it's usually only half an hour early but when we are busy especially in the busy season, I work up to 12 hours a day without a half an hour break.

    My question is, are they legally allowed to do that under Employment Law? What should I tell my employer with regards to all the extra hours I'm working? I have started to write my hours and have found that I do work extra hours but management tells me to only write "on or off" on my timesheet even if I worked more than 7.5 hours in that day. I am also scared to confront them due to me being on a work visa.

    Thank you.
     
  2. JS79

    JS79 Well-Known Member

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    Hi,
    What does your employment contract state?
    Does it state that you will be paid overtime?
     
  3. Mae

    Mae Member

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    My contract says, "Additional hours are those worked in excess of an average of 38 hours or in excess of the maximum number of hours in a shift. These hours will be paid at the rate as determined in the award, however, will be regarded as ordinary hours for the purpose of calculating annual leave, sick leave and superannuation contributions."

    I did read on the fair work website that any excess to my 38 hours a week should be paid as overtime. I would just like it to be fair and that I know my rights because I feel like my boss thinks he can exploit us salary workers. It is really hard to work especially in hospitality and we are very understaffed so sometimes I do work jobs that 2 people should be doing. Two people already quit because of these unfair work conditions. Thank you

    Sorry, I'm new to this I didn't know there was a reply option. Thank you again
     

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