What is the difference between overtime and penalty rates




















Authorised by S. Join your union. Campaigns Campaigns. View Our Campaigns. Member Benefits. Member Benefits The Benefits. Rights at Work. About Unions Why Join a Union? Which is the union for you? Join Which is the union for you? Unless your contract guarantees you overtime, your employer can stop you working it.

But your employer must not discriminate against you, or bully you, by letting others work overtime while denying you the opportunity. Your contract of employment should say what your normal working hours and days are and this may include or exclude working on Sundays. Whether this counts as overtime working depends on your employment contract. Unless it says differently in their contract of employment, employers will usually only pay overtime to part-time workers when they work:.

It is a legal requirement that part-time workers must not be treated less favourably than full-time staff. Your employer may need to change your conditions or patterns of work because of business or economic factors.

However, your contract of employment can only be changed if both you and your employer agree to this. Firstly, check your contract of employment for details of how overtime is worked out and what the rates of pay should be.

If you don't have a written contract, you may find the article on contracts of employment helpful. Remember that your employer must, by law, give you written terms and conditions within two months of starting work. If anything isn't clear, you should take up the problem with your employer. You might find it helpful to ask an employee representative, like a trade union official, to help you.

You should also look at the papers you were given when you started work, such as the written statement of terms and an employee's handbook if one was provided. The Labour Relations Agency offers free, confidential and impartial advice on all employment rights issues.

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The nidirect privacy notice applies to any information you send on this feedback form. Comments or queries about angling can be emailed to anglingcorrespondence daera-ni. If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit. Contacts for common benefits are listed below. Call Email dcs. The concept originally developed to compensate employees for working unsociable hours.

The penalty rates entitlement usually arises from an Award, Enterprise Agreement or your employment contract. The classic case of when penalty rates are payable is when an employee is scheduled to work on a weekend, late night, early morning or on public holidays.

Each industry and entitlement is different. So what happens when an employee works overtime on a Sunday where they might be entitled to both overtime pay and penalty rates at the same time? This issue was recently considered by the Federal Court in the context of the Security Industry. Norman Davis was a security guard with Wilson Security.

The Court determined that rostering and overtime arrangements were within the discretion of the employer. In other words, it was not wrongful for Wilson Security to roster overtime to Sundays to reduce the amount of overtime payable to its employees.



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