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| Monday, 19 August, 2002, 09:31 GMT 10:31 UK Q&A: What are my rights at work? Melissa Paz, an employment lawyer at Withers, a City law firm, says: "Students are being forced into the workplace by factors such as University fees. "Often, they will be doing jobs for minimal pay on a part-time or casual basis. "But recent changes to employment law have afforded student employees more protection than ever." BBC News Online offers some guidance for student workers. How much is the minimum wage and do I qualify? The minimum wage must be paid to most workers who are 18 and over and who work in the UK or normally do their work in the UK. It is currently �4.10 if you are 22 or older, or �3.50 if you are between 18 and 21 (inclusive). From 1 October 2002, the main rate will increase to �4.20 an hour and the rate for younger people will increase to �3.60 an hour. Note: if you are 22 years old or above and are within the first six months of a new job with a new employer and you receive "accredited training", you are entitled to be paid �3.50 per hour. If it is your legal right to be paid the minimum wage, you cannot be sacked or victimised if you complain about your employer's failure to pay you the minimum wage. Contact the national minimum-wage hotline on 0845 6000678 (England, Scotland and Wales) or 0845 6500 207 (Northern Ireland) if you are having problems. The Department of Trade and Industry's website also has a useful detailed guide. What are my rights to a break or rest periods? The Working Time Regulations apply to full time, part-time and casual workers. Generally, you will be entitled to the following under the Working Time Regulations:
Transport workers, seafarers and offshore workers, trainee junior doctors, armed forces and police, and domestic staff in private households are exempt from these rules. The Working Time Regulations will be extended over the next three years to cover transport, offshore oil and gas workers, sea fishermen and junior doctors. The Department of Trade and Industry (DTI) and the Trades Union Congress (TUC) have further details on their websites (see link on right). What are my rights to paid holiday? Every worker, including those who work on a temporary basis or on a fixed-term contract, are entitled to 20 days' holiday (including bank holidays) each year from their employer. The entitlement to paid annual leave begins on the first day of employment. This rule was changed after some bosses tried to avoid offering paid leave by giving their workers a series of 13-week contracts. However, the employer can optionally use an accrual system whereby, during the first year of employment, the proportion of the leave which may actually be taken builds up over the year. This builds up monthly in advance at the rate of one-twelfth of the annual entitlement each month. For example, a part-timer who works three days a week and is still in his or her first month of employment would be able to take one day's leave. If I break something or my till is short, can I have my pay docked? The Employment Rights Act 1996 permits an employer to make deductions from a person's pay packet if such deductions are:
Therefore, in general, if you have not agreed to a deduction in writing, the employer cannot dock your pay! However, there are special provisions relating to retail workers. An employer may make a deduction from wages or demand payment from a worker on account of one or more cash shortages or stock deficiencies. "Cash shortage" is defined as "a deficit arising in relation to amounts received in connection with retail transactions". "Stock deficiency" is defined as "a stock deficiency arising in the course of retail transactions". Therefore, if your till is short and you work as a shop assistant, your employer may make deductions from your wages. That said, it is unlawful for an employer to deduct more than 10% from the gross wages of a retail worker on any one pay day. Accordingly, where deductions can be made from a retail worker's wages to pay for shortages or stock deficiencies, the sums owed may be recovered in instalments but each instalment must be no more than 10% of the worker's gross wages on any one pay day. However, the 10% limit does not apply to deductions from the final payment of wages. With certain exceptions, a deduction of any size from the wages of a retail worker is unlawful if made more than 12 months after the cash shortage or stock deficiency to which it relates was (or ought reasonably to have been) established by the employer. Is there any limit on how much I can work a week? You only have to work an average of 48 hours in every seven days. However, you can choose to opt out of this right if you wish. Can I be forced to work on religious holidays? Unlike Northern Ireland (which outlaws discrimination on the grounds of religious belief or political opinion) religious discrimination is not unlawful in England, Scotland and Wales. However, some religious groups may obtain protection under the Race Relations Act 1976 because they are defined by reference to their ethnic origins (as in the case of Sikhs or Jews). Further, individuals who believe they are suffering from religious discrimination and are not seen to have a common ethnic origin (for example, Muslims) may have a potential claim for indirect race discrimination (for example, most of the Muslims in an organisation might be of Asian origin). It should be noted that various cases arguing that employees are entitled to time off for religious holidays have failed in Strasbourg. That said, it is intended from December 2003 that religious discrimination in the workplace will be unlawful. Also, shop and betting workers in England and Wales have the right not to be dismissed, selected for redundancy or suffer any other detriment for refusing to do shop or betting work on Sundays, regardless of their age, length of service or hours of work. However, this does not apply to those who are only employed on Sundays. Further information can be found from DTI Leaflets PL 960 Sunday Trading Act 1994: New Employment Rights for Shop workers, and PL 973 Sunday Betting. Can I get sick pay? If you are over 16, you may have a right to Statutory Sick Pay (SSP) from your employer. SSP is paid by your employer if you are off sick for four or more consecutive days (including weekends and bank holidays). Someone who works one day a week will not qualify for the benefit. However, you may qualify for this during the holidays, if you are working longer hours. The standard rate is �63.25. You get this if your average earnings before deductions such as tax and National Insurance (NI) are �75.00 a week or more. For the first seven days of sickness, you may be required to complete a 'self certificate' to provide evidence of medical incapacity. You should complete the Department for Work and Pensions' Form SC2 and pass it to your employer. After this seven-day period, a medical statement is required from a doctor confirming that the doctor has advised you not to work. SSP is paid for a maximum of up to 28 weeks. Where can I get further information? The Advisory, Conciliation and Arbitration Service (ACAS), DTI, TUC and Community Legal Service all have useful information on employment rights. ACAS has a telephone helpline - details can be found on its website (see link on right). The Working Time Regulations are complex and it is advisable to get a copy of the Guide to Working Time Regulations. Contact the DTI helpline on 0845 6000 925. |
See also: 14 Aug 02 | Business 13 Aug 02 | Young people 03 Jul 02 | Young people Internet links: The BBC is not responsible for the content of external internet sites Top Business stories now: Links to more Business stories are at the foot of the page. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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