section ten on the new contracts of employment

[keithposty]

DO WE HAVE A LINK TO THE NEW CONTRACTS OF EMPLOYMENT FOR ROYAL MAIL, NOT ANGARD STAFF

had a healthy debate with a new temporary line manager last week. a chap who has been in the job as long as me stated he would be cutting off and giving prior notice. i get called in as this manager stated that under clause ten of your contract of employment you will be expected to do a reasonable amount of overtime.

i reminded him that that clause would be for the new fixed term temporary staff and not established full time staff. it is classed as an implied term, and not an express term for all staff.

if this change to our contracts of employment was kosher to all employees then the CWU would have instigated a consultation period etc

ime just asking is this new attack on our working conditions happening at other offices

[Lincox]

Expected and being legally liable to do overtime are two different ball games I would have thought even for fixed contract employees. Would this hold up in an industrial tribunal?

[steven100]

If RM are going down this route then it only leads to trouble in the future. All what happens is we can hit RM management with a whole lot of other implied terms. An example could be poor management(maybe thats what senior management want). And not getting paid etc....... And what do they consider reasonable 30 mins or 2 hours.

[keithposty]

is anybody out there on the new fixed term/temporary contracts please have a look at clause 10 and type it out word for word as i have still yet to see this clause

[fishtank]

Royal Mail has the responsibility of providing a public service. This puts a special obligation on all employees to play their part in maintaining the kind of service which the public has a right to expect. The nature of the service makes a measure of overtime working necessary. For this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times on any day (including weekends, Bank and Public Holidays) as the needs of the service demand. Overtime pay will be assessed in accordance with your business units pay directive, which you can gain access to by contacting your Manager.

It's not a compulsory or contractual overtime clause.
It's a recognition that the job sometimes involves overtime.
There is a big difference.
Overtime in RML is voluntary...end of story.

[PhilthyPhil]

It is not just temp contracts which have it. I have a LTFT contract which is five years old and it is in there. Although it is clause 9.2 not 10 so I guess the contracts have changed a bit since then.

[keithposty]

as stated

i have yet to see this clause 10

so can some one please type it out word for word as i am shooting in the dark

many thanks

fishtank

that statement

is that from clause 10

[BarnsleyLackey]

I've only heard once "We expect you to go above and beyond, sometimes", mostly it's good old fashioned sitting-on-your-shoulder-till-you-buckle stuff.

Can someone please list reasonable retorts to this so called new rule? It's always good to have the ammo ready.

[bitchface]

WHAT IS REASONABLE TO ONE PERSON IS NOT TO another.therfore its just waffle

overtime is totally volentary for all.if it was complosory ,royal mail would have to pay the extra benifits to part time workers.and thus state how much over time is complosry..and then pay it even if it is not actually worked....

all of this means its bollox..

[fishtank]

fishtank

that statement

is that from clause 10

It is the statement in the contract relating to overtime.
As phil says depending on when the contract was issued it's clause number changes but it has been around for a good few years and cannot be construed as a compulsory/contractual overtime clause.
If RM had attempted to introduce such a clause you would have heard of it by now,it would be considered a major change to your terms and conditions,the union would have been involved and personally i would want at least triple time plus time in lieu plus a call out payment plus Mark Higson to kiss my hairy arse before i would accept such a change....manager speak with forked tongue...again.

[keithposty]

many thanks for the confirmation

[fmrPOSTIE]

This clause was in my contract when I joined in 2004, been there for years! They cant enforce o/t...

[keithposty]

i totally agree on enforcement

it just needed confirming that this was not a new contractual issue sneeked in under the radar

but it seems line managers are trying to use this as deliveries cannot be finished on time due to the bulls up of pegasus and the iwt

if this thread has got the message out to reps then its ajob well done

education is key

[keithposty]

just an update

i was not at work yesterday as i had to go to another office through a conduct case

our dom went around yesterday morning stating that you cannot refuse to do overtime and thats its in your contract of employment.

thats after i had a debate with him just before christmas on this very subject. when i brieffed the troops then, they were more than happy

yesterday when the troops said they would be cutting off if needed, his reply was

ARE YOU UNDERMINING MY AUTHORITY

BECAUSE OF THIS I AM ABOUT TO GO INTO DISAGREEMENT

comments people please, valued comments as i do klnow this clause 10 is pure hogg wash

many thanks

[buster01]

UNDERMINING MY AUTHORITY!!!!! thats fu@&ing hilarious who the hell does he think he is? if hes so confident in this issue get him to show you official documents. managment have so little respect for us something needs to be done about bullying managers. listen up cwu