Reasons To Be Cheerful - Part Whatever
ChatterBank1 min ago
Is this legal
5 Answers
My son was taken on as an apprentice by a company, but as yet has not started any courses.
He is not being trained by anyone, and is left to do a lot of work on his own.
His job involves working away alot.When he received his last paycheque (paid first monday in the month) it was only for �381.
It works out that being a 5 week month that he was earning roughly �1.30 an hour.Some weeks he has been working 67 hrs, getting up at 5am to start travelling by 5.30am and working till 7pm of a night.
He is at his wits end and wants to quit.
Is the company within it's rights, should he be paid over time or are they just taking the p**s.
Jobs are so few and far between in the rural location that we live in.He is worried that if he causes a stink that they will cause a lot of trouble.
He is not being trained by anyone, and is left to do a lot of work on his own.
His job involves working away alot.When he received his last paycheque (paid first monday in the month) it was only for �381.
It works out that being a 5 week month that he was earning roughly �1.30 an hour.Some weeks he has been working 67 hrs, getting up at 5am to start travelling by 5.30am and working till 7pm of a night.
He is at his wits end and wants to quit.
Is the company within it's rights, should he be paid over time or are they just taking the p**s.
Jobs are so few and far between in the rural location that we live in.He is worried that if he causes a stink that they will cause a lot of trouble.
Answers
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Your son is entitled to receive at least �3.30 per hour unless he has a 'contract of apprenticeship'.
Quote 1:
"A contract of apprenticeship has been defined by the Court
of Appeal as �a contract in which a master undertakes to
educate and train the apprentice in the practical and other
skills needed to practise a skilled trade (or profession) and
the apprentice binds himself to serve and work for the
master and comply with all reasonable directions�. Generally speaking, it will be a written contract which should specify the rights and obligations of both the employer and the apprentice; what training is to be provided and to what level; the length of the apprenticeship and the rates of pay. But in the event of a dispute as to whether any particular contract is a �contract of apprenticeship�, it must ultimately be a matter for the courts or tribunals to decide."
Source:
http://www.dti.gov.uk/files/file11671.pdf?pubp dfdload=04%2F1253
Quote 2:
"If you are under 18 and over school leaving age (you are under school leaving age until the end of the summer term of the school year in which you turn 16) you are classed as a young worker.
Young workers cannot usually be made to work more that eight hours a day or 40 hours a week. These hours can't be averaged over a longer period. "
Source:
http://www.direct.gov.uk/Employment/Employees/ WorkingHoursAndTimeOff/WorkingHoursAndTimeOffA rticles/fs/en?CONTENT_ID=10029426&chk=ssA2%2Bq
Chris
Quote 1:
"A contract of apprenticeship has been defined by the Court
of Appeal as �a contract in which a master undertakes to
educate and train the apprentice in the practical and other
skills needed to practise a skilled trade (or profession) and
the apprentice binds himself to serve and work for the
master and comply with all reasonable directions�. Generally speaking, it will be a written contract which should specify the rights and obligations of both the employer and the apprentice; what training is to be provided and to what level; the length of the apprenticeship and the rates of pay. But in the event of a dispute as to whether any particular contract is a �contract of apprenticeship�, it must ultimately be a matter for the courts or tribunals to decide."
Source:
http://www.dti.gov.uk/files/file11671.pdf?pubp dfdload=04%2F1253
Quote 2:
"If you are under 18 and over school leaving age (you are under school leaving age until the end of the summer term of the school year in which you turn 16) you are classed as a young worker.
Young workers cannot usually be made to work more that eight hours a day or 40 hours a week. These hours can't be averaged over a longer period. "
Source:
http://www.direct.gov.uk/Employment/Employees/ WorkingHoursAndTimeOff/WorkingHoursAndTimeOffA rticles/fs/en?CONTENT_ID=10029426&chk=ssA2%2Bq
Chris
Thanks for your answers.
He started working there on the 18th of September.He is just due another pay day, although they say it won't now be paid in till Friday, so by the time the cheque clears it will be nearly two weeks after his said pay day.
He has not signed any contract as yet.
He is supposed to be an apprentice for CCTV and alarm engineer.
Hope this helps.
He started working there on the 18th of September.He is just due another pay day, although they say it won't now be paid in till Friday, so by the time the cheque clears it will be nearly two weeks after his said pay day.
He has not signed any contract as yet.
He is supposed to be an apprentice for CCTV and alarm engineer.
Hope this helps.
i hope that your son isnt the poor CCTV apprentice i had working in my building the other week. His so called mentor treated him appallingly and one of my builders had to take the chap to one side and have some serious words with him about his treatment of the lad.
I wonder if ACAS may be able to assist you http://www.acas.org.uk/
I wonder if ACAS may be able to assist you http://www.acas.org.uk/
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