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Not sure about your rights at work? - Ask Neale


question

I'm employed part time for 20 hrs a week but I now work one day a week extra taking my hours to 27+. When I asked my employer if these extra Hrs were overtime, I was told no as they were part of my normal weekly roster. When I asked if the extra hours added to my holidays, I was told that my employment was only for 20 hours. What is the answer.

Peter


answer

The standard arrangement is that if a part-time employee is contracted to work for 20 hours and is asked to work additional hours, ad hoc, then the additional hours are paid at overtime. Annual leave does not accrue on overtime.

However, since you are now working 27 hours every week, it sounds like your contract has changed. You should therefore should be accruing leave based on 27 hours rather than twenty.

As they are not paying you overtime, it is a new contract based on 27 hours not 20.



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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