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Contract working hours HELP!

Thread title: Contract working hours HELP!
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04-12-2012, 09:21 AM
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Abu-Dina is offline Abu-Dina
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  Old  Contract working hours HELP!

Greetings!

Could someone with more knowledge advise me on the following dilemma?

1) I joined my current Company in August 2008 and signed a contract to work as a Data Migration Analyst.

2) I was placed in the service desk team for the first three months with the promise of moving onto my proper role after the probation period.

3) The 3 months turned to 6 then 12 months and now 3.5 years later I'm still doing the service desk role (but getting paid the same as a data migration analyst.

4) Since 've been working in the service desk team, we have a rota whereby we have to work 2.30PM-10PM once every 6 weeks. This is not something I want to do but have been doing it for 2 years anyway.

6) We also had on-call night shifts (once every 4 weeks) where we got paid 100 a night which has now been taken away from us and transferred to the support centre of the parent company!

7) I have informed my manager that I no longer wish to do the late shifts (2.30-10) as normal support hours end at 6 and the only reason I did the late shifts was to get the on-call money. Now that has been taken away I is to work my core hours as stated in my contract.

8) HR have told my manager that I have no choice and I have to work 2.30-10PM but I've objected to this and wish to take this matter more seriously.

is there anything I can do or is the fact that I've done this role for so long means that I have in effect agreed to the service desk contract?!

Please advise if possible.

Thanks in advance.

04-12-2012, 11:43 AM
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Lowengard is offline Lowengard
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  Old

It would be difficult to address the issues you raise without knowing
  1. in which country you are located.
  2. what your contract says, including its period of validity
  3. what--if any--promises your employer has made to you, and whether those were made in writing or made by someone with the authority to make them
  4. whether you are the only person who has been treated in this way
  5. whether your employer has an employee handbook and what it might say about relevant details of your situation

Then, I'd also want to know if your real problem is working shifts you don't want to work, or working at a job you weren't hired to do without receiving the advancement you were promised.

If your contract is for doing work that you have never done it may not be valid for your current situation.

The underlying issues may engage labor and contract laws that could be larger than your experience. If that is true, a crowd-sourced answer will be of minimal use to you moving forward.

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