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apparently its european legislation, i might be wrong tbh i,m not 100% sure but when i entered a job i was given a get out clause to sign saying i was allowed to work more than law sudjested
right if u were contracted to do a work for a company i.e. normally employed and law stated you could only work 40 hours in a week but this company wanted you to sign a get out clause so you could work more than 40 hours a week before you got the job in the first place and you didnt do more than 40 hours when they asked you can they terminate your contract even if law stated you couldnt do more than 40 hours ?
and how does body lanuage stand in court? LOL
OK, tell me if I've got this right, because I'm a little confused on the chronology:
1. You're interested in a job, and they're interested in you
2. As a condition to you working, they want you to sign some sort of waiver where you agree to work more than 40 hours/week, which is evidently not allowed by law.
3. You decline
4. You don't do any work for them.
Even if they're doing something wrong, it doesn't follow that you personally have any rights against them unless you gave something up in reliance upon some sort of legitimate expectation that you were going to be employed by them in which case you might have something to bitch about. You don't have any right to work for any particular company in the US, and I can't imagine that's going to be any different in whatever country we're talking about.
On the other hand, if the law says that you can't be asked to work more than 40 hours/week and they want to ask employees to do just that, there might be some regulatory agency (like our Department of Labor) that might have something to say about it. As an aside, though, I find it pretty hard to believe that there are no Europeans working more than 40 hours/week, which leads me to believe there is some legitimate way around that. Sounds like a statute or regulation to me, though, and any thoughts I'd have on that would be a pure guess, which you don't want. Can't interpret a statute I haven't seen.
OK, tell me if I've got this right, because I'm a little confused on the chronology:
1. You're interested in a job, and they're interested in you
2. As a condition to you working, they want you to sign some sort of waiver where you agree to work more than 40 hours/week, which is evidently not allowed by law.
3. You decline
4. You don't do any work for them.
Even if they're doing something wrong, it doesn't follow that you personally have any rights against them unless you gave something up in reliance upon some sort of legitimate expectation that you were going to be employed by them in which case you might have something to bitch about. You don't have any right to work for any particular company in the US, and I can't imagine that's going to be any different in whatever country we're talking about.
On the other hand, if the law says that you can't be asked to work more than 40 hours/week and they want to ask employees to do just that, there might be some regulatory agency (like our Department of Labor) that might have something to say about it. As an aside, though, I find it pretty hard to believe that there are no Europeans working more than 40 hours/week, which leads me to believe there is some legitimate way around that. Sounds like a statute or regulation to me, though, and any thoughts I'd have on that would be a pure guess, which you don't want. Can't interpret a statute I haven't seen.
thanks toasty...the thing u sign when you get the job ( or is part of getting the job ) is actually giving your consent to working over the maximum aloud time which i understand but if you then chose not to work over that amount of time for whatever reasons where does that leave me if they are not happy with it ?
thanks toasty...the thing u sign when you get the job ( or is part of getting the job ) is actually giving your consent to working over the maximum aloud time which i understand but if you then chose not to work over that amount of time for whatever reasons where does that leave me if they are not happy with it ?
can they sack me for this alone ?
I'm still confused. Did you actually take the job and then decline to work more than 40 hours, or did you decline to sign the form when you found out about the 40 hour thing?
i would think that as long as it is reasonable, you would be in breach of contract.
Not if the contract is for him to do something illegal, he wouldn't be. Contract would be void ab initio as against public policy. At least over here, it would be.
I'm taking it that this is about your current job. There are probably provisions to waive within the law. But there are probably ways you can get around that as well . Say for instance if there was a danger to your health.
Originally posted by TheVrk
it IS incredible isn't it??
STILL pumpin out great set after great set...never cheesed out, never sold out, never lost his touch..
Simply does not get any better than Hernan
Not if the contract is for him to do something illegal, he wouldn't be. Contract would be void ab initio as against public policy. At least over here, it would be.
its not illegal because i have signed the get out clause to work more than the current stated hours but does signing this meen i have to work what they tell me i have to work
what i,m trying to say is...if they wanted me to work 24/7 for 47 weeks in a year could they tell me to do this or i would loose my job ? 24/7 is a bit extreeme but u know where i,m coming from now
its not illegal because i have signed the get out clause to work more than the current stated hours but does signing this meen i have to work what they tell me i have to work
what i,m trying to say is...if they wanted me to work 24/7 for 47 weeks in a year could they tell me to do this or i would loose my job ? 24/7 is a bit extreeme but u know where i,m coming from now
OK, I'm officially more confused now than I was when this thread started. Here's how it breaks down:
If you signed a contract, the terms of the contract control unless you are contracting to do something that is expressly prohibited by the law or give up a non-waivable protection that has been provided for your benefit.
If you didn't sign a contract and therefore don't have a job, you probably don't have much basis to complain.
OK, I'm officially more confused now than I was when this thread started. Here's how it breaks down:
If you signed a contract, the terms of the contract control unless you are contracting to do something that is expressly prohibited by the law or give up a non-waivable protection that has been provided for your benefit.
If you didn't sign a contract and therefore don't have a job, you probably don't have much basis to complain.
nothing confusing about it... u get a job 9 to 5 the contract signed but in the interveiw you are told u will have to sign a seperate "thing" which gives them your permission to work more than the stated law allows you to. if u dont choose to sign that obviously the probibility of u getting the job is less and seing as ur ihe hunt for a new job u want to say yes and seem keen. after a period of time you work your ass off doing all the amount of overtime you can muster after a while u start to become ill and can no longer do the overtime asked...can they terminate your contract? where does this leave me standing ?
If there are contracts that have actually been signed and work has been performed, I'd have to see the contracts to have any sort of meaningful input on it at all. Anything I could say without seeing the contracts would be completely bald speculation on my part.
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