YOUR RIGHTS

Your time: Your pay

You must get paid for all work done.

This is the legal position. This is your legal entitlement. And this is the legal obligation of your employer – to pay you for all work done. You must get paid the correct rates of pay, depending on the circumstance or the time of day. In no circumstances should a person work without pay.

It is clear and simple, but increasingly the Union is finding examples of some employers expecting employees to “work” without pay. Let’s make sure your workplace remains a good workplace where SDA members are paid properly for all work done.

How Workers are Losing Out!

There are many examples of employees working and not getting paid, or not getting paid the correct overtime penalty rate. They include:

  • coming in and working before your rostered shift commences;
  • working through rest pauses or meal breaks;
  • “clocking off” and then going back to work;
  • taking work home, like paperwork;
  • working after your rostered ceasing time, say 10 or 15 minutes, and not getting paid;
  • coming in on your day off or while on leave and not getting paid; and
  • allowing your employer to change your roster – potentially disentitling you to overtime payments.

The effect of these and similar changes is very clear:

  • employees are not getting paid for work actually done; and
  • in some cases, employees are not getting the correct overtime payments.

Not Optional

If you have been asked by management to work, you must get paid for all work done. This is not an option, it is a right. Be it ordinary rates or overtime rates, you have to get paid for all work done.

Some employers try to avoid paying somebody by telling them “it was not authorised”.

If you are expected to complete the particular job or task and you do, you must get paid.

Check your Enterprise Agreement or Award

Your Enterprise Agreement or Award contains specific provisions relating to payment for time worked. Your employer is obliged to know what these entitlements are, and apply them to all employees. If you want to know what your entitlements are, or if you need help in getting paid for time that you have worked, speak to your workplace Delegate, Organiser or contact the SDA Information Centre on 131 SDA (that’s 131 732).

Your work, your pay. Make sure you get paid for all the work you do

Secretary

Shop, Distributive and Allied Employees’ Association, NSW Branch

Write to PO Box K230 Haymarket NSW 1240

Phone 131 SDA (that’s 131 732)

Fax (02) 9281 7050

Log into sdansw.org.au