Is it legal for a chef to work unpaid hours?
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A nephew of mine works as a chef in the UK, he can work to 1am in the morning, basically over 50 hours or more a week. However he only gets a basic salary, i.e paid for 40 hours. Is ...show more
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Answer:
Anyone who is paid a salary has swings and roundabouts. Some days he will work less, some more. That is the way it works especially in Catering. UK
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Other answers
Under the National Minimum Wage Act http://www.legislation.gov.uk/ukpga/1998/39/section/9 an employer must keep records of the hours worked. Working longer hours than is nominally contracted for could be an issue if this means that his pay drops below minimum wage for the hours worked or if proper records aren't being kept. The other issue is whether his working patterns are compatible with the Working Time Regulations. You can read about the Working Time Regulations here http://snipurl.com/28qak4k
Rupert - Simplify The Law
only if it takes him below minimum wage. The ACAS website will be the best place to search.
Pauline
If he is being paid salary then yes that is perfectly legal, that is one of the downsides of having a salary job. The benefit is that there are times he is not working or it is very slow, and he is still getting paid the same rate. It would only be illegal if he was being paid on an hourly basis and the restaurant wasn't paying him for actual time worked. I will point out that its very rare for a regular restaurant employee to have a salary. Almost always they are hourly, unless they are management.
Danja
Yes it is legal. When he began work he would of agreed to a contract, he will be led by whatever that contract says. My personal opinion does not matter, its what the contract states clearly that decides.
Captain
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