View Full Version : Does an employer have to pay you for hours worked


owdlad
12-10-2005, 17:13
Legal Eagles, does an employer have to pay you for hours worked?

I ask because a friend has been given a new contract at work and the company concerned has told him that if he doesn't sign the contract by friday of this week they are going to withhold his last weeks pay.

Can they legally do this? bearing in mind that the new contract is saying he will be getting the same money but will have to work unpaid overtime (something which he at present is paid to do).

Please don't speculate I want the facts only, so if you don't know don't post....thank you ;)

spiffymonkey
12-10-2005, 19:44
If the week in question was worked under the old contract, then they cannot withhold pay. However, they are within their rights to simply not employ him anymore, provided that he was notified of the contract change in a suitable amount of time (90 days, usually).

owdlad
12-10-2005, 19:57
Thanks spiffy, he was only given the "new" contract last friday and told that if he hadn't signed it by this week the company would withhold payment of wages.

Strix
12-10-2005, 20:03
Have a quick 'search' Owdy.

Thee's a long thead on here somewhere - and there are answers on it from legal professionals I believe.

Hope he gets this sorted out soon :(

willman
12-10-2005, 21:23
spiffy gives a good interpretaion of the law, they can threaten all they like.theay could stop his pay but they would have to give it hime eventually.
woolworths tried it on their staff when they introduced sunday working.
he is not obliged to agree to the contract but they could refuse to continue to employ him.