My workers are on a 38 hours work week award. Under the law here, an employer must not request or require an employee to work beyond their 38 hours unless the additional hours are "reasonable." How to determine if it is reasonable to ask a worker to work over-time? There is a list of factors to be taken into account, as I found out;
- any risk to employee health and safety
- the employee’s personal circumstances, including family responsibilities
- the needs of the workplace or enterprise
- whether the employee is entitled to receive overtime payments, penalty rates or other compensation for
- (or a level of remuneration that reflects an expectation of ) working additional hours
- any notice given by the employer to work the additional hours
- any notice given by the employee of his or her intention to refuse to work the additional hours
- the usual patterns of work in the industry
- the nature of the employee’s role and the employee’s
- level of responsibility
- whether the additional hours are in accordance
As it goes, there are plenty of each party to argue for their cases. From the way I look at it, an employee here has a lot more rights behind them to say, 'No,' to being overworked. A simple, "I feel tired," or "I need to be at home to take care of the baby." would suffice with no questions asked, over-riding whatever crap such as the needs of the workplace and we'll be allowed to go with no repercussions. The employer will usually get their way when overtime payments is dished out because some of us wouldn't mind a bit more money in the pocket. Still they would have to ask nicely.
One of my workers came to me and posed a request. He suggested changing his 38 hours work week to a 40 hours work week so that he could earn a bit more. He was willing to be paid normal rates for that additional 2 hours, instead of the 1.5x wage he would otherwise be entitled to. He would effectively have an "increment" and the company would pay a lot lesser in the long run for those extra hours. It was a win-win situation, he felt.
I consulted the boss on that but to my surprise he rejected it flatly, stating that it was illegal to do so without going through some legal arrangement and he wouldn't want to go through the hassle so he would prefer to stick to the current award of the workers and rather pay overtime rates if the circumstances require of us. You have not read it wrong. Rather pay overtime rates. As we know, labour is expensive in Australia. That makes overtime rates even more painful than it is, for the employer at least. So why would the boss rather pay? Whatever the reasons, it dawned on me these deterring factors actually protects workers from being exploited the way I saw it happening from the country I came from where we had plenty of chances to work overtime due to "patterns of work," "needs of the workplace," or "the level of responsbility," but often with inadequate or no compensation, usually with little or no advance notice given as well. When I said advance, I mean in terms of days.
I saw the effects of overtime compensations first hand. The boss and office manager were always reluctant to ask the factory to work overtime unless absolute necessity. Numerous jobs were quoted with overtime charges in mind when we knew we had to stay behind to slog it out. We probably lost many jobs but we won a fair share as well because the competitors were unable or unwilling to work overtime for it. Slowly, we were making a name for ourselves for being quicker than the competitors, though not necessarily cheaper.
Though it was depressing that we didn't seem to expand, we could keep ourselves small, mobile and responsive. If we kept that up, we could find ourselves having more work than we could handle but that would be a happy problem. Compare that to an ever-expanding model. It is true that size reaps the benefits of the economy of scale but it also keeps the pressure of increasing the sales volume year on year, worse if a company gets listed because shareholders' thirst for ever increasing stock value or higher dividends are insatiable. I can't help but wonder on a macro scale, why should a small country take on the world like a big company instead of keeping ourselves so good, so responsive that we will still be relevant to the rest of the world. Although there has been a notion (which probably some truths in it as well) that hyper-marts are killing small businesses, small businesses are still popping up, surviving, some even flourishing. There is always a choice left. I don't believe there is only one way to go. At the rate we are deskilling and cheapening ourselves, it's a matter of time we became a tourism and vice hub, lots of money but no soul.