Monday, 22 July 2013

Minimum Wage & Overtime


Q:
1. How many hours should a worker work in one week legally?

2. Does that apply across the board i.e. Public and Private ?

3. If 40 is the answer to number 1, how come there is no overtime for employees at cloth store or other private owned places and labour board doesn't mention it.

4. I work Monday- Friday 8:00-4:30 ( with 1/2 hr lunch) and Saturdays 8-2pm ( no lunch break) Is this legal?




A: 
According to the Minimum Wages (Shop Assistants) Order, 1991:

1. Section 4 - 40 hours INCLUDING lunch

2. Yes. Laws cover the entire country, regardless of sector

3(a) You are entitled to over-time under Section 5 – 1.5x your regular rate for the first 4 hours over 40 hours, 2x for the second 4 hours and 3x for any time after that. 

(b) The "Labour Board" can only deal with issues that are brought to its attention. Your first step is writing to your employer. You are protected from being fired for complaining, so don't worry. 

4(a) Based on my calculation (and I’m not very good at Math), you are currently being illegally made to work an extra 6.5 hours/week. This means you should be paid an extra 1.5x/4 + 2x/4 + 3x/.5

(b)You are also entitled to lunch on Saturdays; i.e., 45 minutes break after every 4.5 hours worked; this is according to Section 4 of the Minimum Wages Order



178 comments:

Anonymous said...

Hello, Good evening to you. I'm currently in the midst of filling out a job application to be sent to The Hyatt Hotel in Trinidad, the thing is I'm from Guyana. I'm not familiar with the wage bracket on the island more so for that of a waitress, on the form I'm asked to put in a desirable salary...is it possible you can assist me? Your help will be appreciated.

Anonymous said...

Hello, Good evening to you. I'm currently in the midst of filling out a job application to be sent to The Hyatt Hotel in Trinidad, the thing is I'm from Guyana. I'm not familiar with the wage bracket on the island more so for that of a waitress, on the form I'm asked to put in a desirable salary...is it possible you can assist me? Your help will be appreciated.

Trinbago Rights said...

I have no idea.

Anonymous said...

Just to confirm; does the above advice also apply to professionals who work for a fixed salary per month? I am in the process of writing to my employer after reading the article, but I'm a bit unsure as to how exactly I should word it.

Trinbago Rights said...

Of course it won't work; it deal with minimum wages. You work for a salary, so you don't get paid by the hour.

Antonio Figuero said...

Hello,
I would like to know if it is legal for an employer to give Public Holidays as 'off-days without pay?'

I would like to write to that employer and also be able to cite sections from Trinidad and Tobago law.

Any help in this regard is greatly appreciated.

Trinbago Rights said...

Depends on where you work and how you get paid.

Antonio Figuero said...

The person works in a retail store selling products.

The HR manager made this change after the workers complained to the Labour Board that they are made to work way over the usual 40 hours per week.

As an aggravated response, the HR manager decided to give days off every week, but when there was a Public Holiday, the workers are using this as their 'off-day" without pay.

Trinbago Rights said...

I don't really see much problems with the policy. Maybe I don't have enough information to make that determination.

Anonymous said...

some companies pay a standard rate throughout the day even if u work 10, 15 ,or 20 hrs., is that legally correct? if not can u say where in the law books says so.

Trinbago Rights said...

Why are you asking this question when the answer is in the post above?

Anonymous said...

if you are working for a monthly salary of 6000 per month how do you calculate your hourly rate if you work 6 days a week from 6:30 to 5;30 and your salaries are being calculated at 58 hours a week. My boss said its 24 per hr is that correct

Trinbago Rights said...

What kind of job is this where you work 11 hour days?

I didn't get the 58 hours, but I'm assuming breaks are minused from this. If this is so, it's illegal, because your lunch break is included in the 40 hours.

So anyway, I came up with 66 hours (11 per day x 6 days). I then multiplied 66 by 4 weeks in the month to get 264. 6000/264=$22

Anonymous said...

I work at a popular restaurant which has two shifts that maintains the restaurant's opening (11am to 12 midnight) if the evening shift is short staff they would try to get morning staff to stay back and work a double. We were offered overtime ( time and a half) but now they have stopped. We are hourly paid, forth nightly. If we work double shifts it's at flat rate and they may offer a meal. We have made complains to our boss but it keeps falling on deaf ear. What can we do now?

Trinbago Rights said...

He's breaking the law... the first step is writing a letter.

Send me a private e-mail.

Anonymous said...

Hi, I am presently working at pharmacy however when hired the owner did not produce any document for me to sign indicating that I am an employee there. How do I deal with such a situation? As well as I am working 13 days then 1 day off, with 9 hour shifts on most days. 1) In terms of being a store clerk, is it legal for me to be working 13days and then 1 day off? 2) No over time payment is given, how do I deal with that?

Trinbago Rights said...

It's not generally illegal to work 13 days straight, but usually an employee should not be made to work more than 6 days without a rest.

If your 13 days include over the statutory maximum of 40 hours, you are entitled to overtime based on the calculations in the Act.

You can put your grievance in writing for yourself or retain someone like me to handle it for you.

Anonymous said...

I an working at a construction company for 5000 a month. I am required to work 10 hours a day fi r six days a week. Am i entitled to over time and i am an administrative officer can u tell me what the average salary given the work load

kevin said...

i always thought that anything after 8hrs in a day was considered overtime?

kevin said...

isn't working more than 8hrs in a day considered overtime?

Trinbago Rights said...

No, it's calculated by the week. Anything over 40 is overtime.

kevin said...

so if i work 58 hrs from monday-friday how am i supposed to be paid for the 18hrs overtime,and if i work saturday at what rate i suppose to be paid?

Trinbago Rights said...

The calculations are in the answer posted.

Trinbago Rights said...

Depends on what your contract says. Technically, right now, one can argue that your salary includes overtime, based on the minimum wage.

But this isn't really overtime if it's how you always work. Your contract needs to be looked at first.

Janet Cournand said...

I work for 18 per hour. However, according to my pay slip I have only been paid for 8 hours an each day I have worked. I am a waitress. The restaurant open at 3 and closes at 11...12 on friday and saturday. I am required to stay back after closing time and clean which means I clock out much later than 11. Is this legal? Especially since even on the days where the restaurant closes and 12...i am still being paid for 8 hours even though I work 10 hours and sometimes 11 hours in the day.

Janet Cournand said...

I also forgot to mention that we do not have breaks during our shift.

Trinbago Rights said...

Do a weekly calculation and let me know how many hours over 40 you work.

Trinbago Rights said...

That's illegal. 45 minutes break for every 4 1/2 hours worked.

Anonymous said...

It is amazing how many people are being victimized by their employers and are afraid to take action. I know it is because of lack of knowledge and power. It's easy to say write to your boss, but what if the legal assistance provided free of charge by the government doesn't carry you all the way? Where does that leave you? But really, does legal affairs handle these problems?

Trinbago Rights said...

When I say "write to your boss", I usually mean paying a Lawyer to do it on your behalf. Doesn't cost much and is very effective

concerned citizen said...

Public holidays

I work for a company where we are entitled to a day off each week, how ever anytime there is a public holiday during the work week, they tell us that we are not entitled to our day off because of the fact that there was a holiday during the week and that was our allotted day off. is this legal and if not what action can be taken to correct this?

Trinbago Rights said...

How do you get paid?

Anonymous said...

In your calculation above you say

"4(a) Based on my calculation (and I’m not very good at Math), you are currently being illegally made to work an extra 6.5 hours/week."

Shouldn't it be an extra 8.5 hours/week? Your overtime calculation in 4b also reflects this.

Trinbago Rights said...

You're absolutely right! That's why I mentioned that Math isn't my forte!

Anonymous said...

S(4) of the Minimum Wages Act says

"The weekly hours of work applicable to a full-time worker
shall be forty hours inclusive of lunch break and rest period spread over a period of six days, Mondays to Saturdays inclusive."

S 3(1) of the Minimum Wages Order says

"The normal working day shall not exceed eight hours, exclusive of meal and rest breaks."

What is the difference between the Minimum Wages Act and the Minimum Wages Order? Is there a conflict between the two in terms of lunch breaks?

Trinbago Rights said...

Now you see why we need a total overhaul when it comes to employment law in Trinidad and Tobago.

giselle thomas said...

I used to work under the OJT programme.I worked three months without any payment before I was paid.I recently went on maternity leave and didn't get any payment form the OJT nor the NIB,I returned to worked in January and worked three months before I was paid.I worked another two months before I was paid. Within the two months I called and query about the payments.I decided to leave the programme but before I leave I was absent for six days due to the no payment issue.Now the OJT is telling me that I need to pay them back for the six days which I was absent because I was overpaid.

Trinbago Rights said...

Unfortunately, that's how the OJT scam works.

Anonymous said...

Hello,
If an employer made an error in calculating its employees overtime and paid them more over a period of time can the employer take back this money from future salaries?

Trinbago Rights said...

Yes, but the amount must be agreed by both parties and if it is a lot, it cannot be taken all at once.

Anonymous said...

Hi I work at a state own media company that do not pay us for holidays and overtime,,, instead for the holiday we get back a day and for the overtime that you rack up you get back days. is that right

Trinbago Rights said...

It can be done, but usually by mutual agreement, and if that's the policy, it's probably in the contract.

Anonymous said...

our contract do not state that and no mutrul agreement was ever made....

Trinbago Rights said...

Then it's an illegal practice.

Anonymous said...

I have a friend who works 10 hours 3 days per week, 5 hours 1 day and 9 hours on Saturday but she actually gets paid less her lunch time everyday. No overtime in excess of 40 hours and no paid lunch time. Isn't this illegal. She has spoken to the owners but they have ignored her. What is the next step?

Trinbago Rights said...

Payment for breaks/lunch depends on where the person works.

Overtime must be paid. The first is always for us to contact them in writing, or if she so chooses, she can contact them on her own.

Anonymous said...

Hi,

I noticed that you said that the MInimum wages Order does not apply to persons who are working within the professions such as law, medicine, teaching etc who are persons receiving a fixed salary. However the Act which governs the Order i.e. the National Minimum Wages Order specifies that all workers are supposed to work for 8 hours a day and for 40 hours per week and in the parent Act a worker is defined as someone who is in has a profession apart from a vocation or trade etc. The Order also does not specify what type of worker is entitled to the 8 hours day or 40 hours week so from my understanding it appears that the Order merely sets out the criteria for payment of minimum wage as well as sets a minimum amount that each employer must pay to his or her employee but it sets a standard working time frame for all workers since it does not specify who is entitled to work for the 8 hours day or 40 hour week as outlined in the order. It also states that workers are entitled to the 8 hour day or 40 hour week. I believe that this is the correct interpretation of the Act but I stand to be corrected

Trinbago Rights said...

Please do not read my comments in abstract.

The response I gave was regarding the overtime calculation, NOT the hours of work. A fixed salary employee, cannot calculate overtime pay, if there is no hourly rate. Please refer to sections 6&7 of the Minimum Wages Order.

The hours of work cover every employee in every sector, with very few exceptions.

Anonymous said...

Two Questions:
1) If full time employees making $18/HR are not scheduled for 40 hours over six working days (each shift is 6 hours) by law do they have to still be paid for the full 40?
2) If a place of employment (a restaurant) is closed on a public holiday do same said employees have to get paid for that day even though the rest. is closed.

Trinbago Rights said...

1. Not for hourly workers, but the minimum hours a full-time employee should be rostered for should be around 30-35, otherwise it would be deemed part-time and a breach of contract.

2. Hourly paid employees get paid for the hours they work. Don't restaurants open on holidays? Those are their busiest days!

Anonymous said...

Good day,

Could you tell whether this is legal? This policy was revised and placed into effect. I am trying to understand whether we work for "free" to accumulate 200 hours monthly, which is beyond our regular 173 hrs. See below.
Excerpt from Policy.
ia) Compensation for overtime worked by Monthly Rated employees to perform specific job
requirements will be at the sole discretion of the Company.
ib) Monthly rated employees may be compensated for working in excess of two hundred (200) hours a month through the following methods and subject to the criteria and procedures set out herein:
a. Compensatory time off - time off with pay in lieu of overtime pay
b. Overtime payment – financial payment for overtime (at straight time)

Trinbago Rights said...

It depends on the salary. Mind divulging that?

k said...

i'm a $15/hr paid worker at a restaurant where we are required to work 6 days a week. on our pay slip we are paid 48 hours at standard time & overtime after that. on Sundays we are paid standard time & on holidays we are paid at time & a half. I have spoken of this to them & my response was that was their policy. How much of what they have done is legal?

Trinbago Rights said...

Illegal.

Overtime is anything over 40
Sundays is double time for you

Let's stop this illegality. Send me a private e-mail. No one will know who spoke to me.

Samantha said...

s overtime mandatory by law to be paid to the employee? ( Speaking from a private small construction company) And what is the consequence if the employer refuses to pay overtime. Also can the employer change the overtime rates or are these rates standard. Is it illegal to change them?

Trinbago Rights said...

Overtime rates are stated in the Minimum Wages Order 2010. Your employer can pay more, but not less.

Send me a private e-mail.

Anonymous said...

Hello. I work for a small private company Monday to Friday 8-5 with half hour lunch. I am monthly paid. Is it fair that I don't get paid for public holidays? The value of each day is calculated and subtracted.
For example if I get paid 3000 and there are 20 working days i.e week days in the month. If there are 2 public holidays I will get 2700 minus health surcharge and NI. Is this legal?
Also are there provisions to stop an employer from taking corrective measures with an employee by way of their salary? For example if I work at a cloth store and a customer orders 40 yards and I cut 14 yards is it OK for the employer to take the cost of 14 yards out of my salary without giving me the cloth since I technically am paying for it?

Trinbago Rights said...

If I understand correctly, you're monthly paid, but hourly rated, right? If you're hourly rated, you won't normally receive wages for a public holiday if you don't work.

If a customer orders 40 yards of cloth and you cut 14, why is your salary being deducted? I'm assuming there's an error in what you wrote somewhere.

Anonymous said...

In the employment contract says nothing about hourly rate it just states **** per month.
And the issue with the deduction is as follows.... if I as the employee would make an error with cutting of material by cutting 14 instead of 40. Is it right for my boss to deduct the cost of 14 yards of fabric from my salary while still keeping the material to sell to a customer?

Trinbago Rights said...

ABSOLUTELY NOT! What kind of madness is that? How could he deduct money from your salary while keeping the material to re-sell to get his money back anyway.

No way!

Anonymous said...

I know it is crazy. I wish there was some sort of guide for young people to use when going out into the world of work. It seems like some people don't know what is fair and what is not especially some private sector bosses. I really have to shake my head in disapproval :/ No matter how I try to explain to him it's not right he says the only way to curtail mistakes like that is to take it out of ppl pockets where they will feel it.

Trinbago Rights said...

All you need is someone like me to let him know that he's breaking the law and I'm positive that things will change.

Anonymous said...

If I am owed 6 days of holidays and abandon my job, do I still have to get paid for the days owed to me?

Trinbago Rights said...

Yes

Anonymous said...

Good day,

I work in a popular local fast food restaurant as a monthly paid staff member. I work Monday - Friday 8am - 4pm with a 30 minute lunch break. I was told that if I arrive to work any time after 10am that that is considered half day and as such I would only be paid for half day, is this legal ?

Trinbago Rights said...

Monthly paid... but it is calculated by hours worked?

Anonymous said...

I worked for a company for 2 months while still awaiting to sign contract papers to be paid... the employer kept giving me the run around and eventually i left because i could not afford to work for free with income to support my daughter and myself.. I have tried many times to contact the Management however, they simply ignored me and my request.

What can i do to receive my pay?.

Trinbago Rights said...

Contact me via www.jbemploymentconsulting.com for employment issues.

Anonymous said...

Tell me please about "Split" Shifts I never heard of it before. Should all employees sign a contract upon beginning a new Job?

Trinbago Rights said...

Split shift is self explanatory...

The shift is split into two periods in one day, so that the employee works only when his/her work is required. Examples:Can be used for for restaurant and bar staff (work only during mealtimes)

School bus bus drivers (there's really no need for them from 9-1)

Very common for full-time lecturers like myself... we go for our classes and office hours only (I may have had a class at 08:00 and didn't have another class until 17:00)

Anonymous said...

hi, I am permanently employed with a foreign company that operates in Trinidad. I signed a contract for the first year of employment and after it expired they told me that I was absorbed into the company so that I would not have to sign another. Is this acceptable?
Additionally, I am on call 24 hours a day, even during my vacation. Are there any laws that govern 'on call' pay.

Trinbago Rights said...

As long as your terms remain the same, there's really no need to sign another contract.

You can't be on call during your vacation and you're entitled to at least 24 hours of rest during a 7-day period.

Anonymous said...

Hi, I am currently contracted at a foreign company operating in Trinidad and they have told me that I can no longer receive payment for overtime as I have reached the highest salary range that they are prepared to pay. Can they stop compensating me for the overtime? are there any other forms of compensation that can be deemed fair? If my contract states that I have to be compensated and policy changes, would it be wrong to accept time off for compensation?

Anonymous said...

Hi Trinbago Rights, if my contract states that my working hours are from 8:30 am to 5:00 pm and any hours worked out side of that is considered overtime, and I come to work late and leave on time, am I still eligible for "overtime" work that I carry out at home?

Trinbago Rights said...

Overtime work must be agreed upon. That's a decision for your employer to make.

Trinbago Rights said...

I need to see your contract.

Anonymous said...

Can your employers deduct time from your hour lunch if you require "bank time" to transact business ?

Trinbago Rights said...

"Bank time" isn't a right.

Anonymous said...

I work in the hotel industry and is wondering is it legal for management to be giving employees 1x in time back for overtime instead of money so if you work 2 hrs overtime you have to take 2 hrs back which most of the time the housekeepers cannot use because of their work load !! So they end up working over time for free.

Trinbago Rights said...

If it ends up being unfair on employees, then of course not. Contact me.

Ms A Singh said...

I work with a private firm is it legal to work a double but only be paid time and a half. Also what is the rate when called out on a day off???

Anonymous said...

Persons who fall outside the minimum wage bracket, are they entitled to multipliers for their hours worked beyond the first 8 hrs? if so, where can I find this law

Trinbago Rights said...

There's no legislation regulating this, but it is customary that overtime be paid according to the same calculation.

Anonymous said...

A company made a memo to all staff that it is mandatory to clock in and out your cards each day and if a card was not clocked in or out in on any given day they will not be paid for that day. Due to employer not being able to calculate hours of work. Is this illegal? Also the employer said that he cannot pay ovetime due to employees being paid above minimum wages is this an acceptable statement. How do I correct this if wrong.

Anonymous said...

An employer said because he pays above minimum wage he cannot pay overtime. He just pays the same flat rate

Trinbago Rights said...

The non-payment of wages for clocking in is illegal. The time can be recorded in a book and confirmed by a manager (both sign).

15-22.50 is minimum wage. Is he paying above this?

takenadvantageof said...

I work at a pharmacy. I am paid 25 an hour. I work 48 and 54 hours a week at flat rate. Saturdays and Sundays flat rate. Public holidays flat rate. My breaks are 20 minutes only for an entire 8 or seven hour shift. When I am sick for a day I am told to come to work or present a sick leave for that day and I am not even paid if I present one. Tell me how illegal is this and how do I move forward.

Trinbago Rights said...

Very illegal. Contact
https://www.facebook.com/ttworkersassociation

Plant Quarantine said...

1. what is by law the definition of a normal working day for non shift workers who work on shift.
2. we are told that if a double shift is made on a normal working day we can only be compensated 4hrs time and a half and 4hrs double time OR a compensatory time off.
3. is this rightful or should we be able to obtain both?
4. my supervisor is stating that a compensatory time off and pay can only be obtained if the double is worked on a publice holiday or if we were called out to work on an off day.
5. what is the right thing?
6. ever since working in the government service we have obtained pay and compensatory time off for a double that was worked on a "normal day" so i want to know what is the right process

Trinbago Rights said...

I would first like to know what the contract says. It's best to e-mail me.

hack 5 said...

Can your employer use holiday as day off?
I work in a pharmacy and my boss does not give day off, if someone is on vacation or there is a holiday[ i know it is because of short staff]but six weeks without a day off is driving me mad they will mostly give one half day a week and pay you the extra sum separate from our check, in order to beat the 40 hours system is that right im just so tired need sleep

Trinbago Rights said...

I didn't understand that completely

Plant Quarantine said...

what email address can I contact you with?

Iceangel1000 said...

Based on the laws that govern Trinidad and Tobago, does all employees have 14 days sick leave?

Trinbago Rights said...

It's a technical question... actually depends on the type of work.

Iceangel1000 said...

hmmmm ok so I am an audit trainee at an audit firm will it apply to me?

Trinbago Rights said...

Send me an email.

Anonymous said...

Hi, i'm a truck driver for a ready mix company in Point Lisas, i work at a rate of 35 per hr from 7 am to 5 pm sometimes more than the ten hrs as the job requires. Recently i worked 17.5 hrs 7 am to 12:36 am the next morning and was asked to come back out to work for 6 am till. i didn't go to work because i was tired and i also told the supervisor it would be difficult to do that because after i finish pouring concrete i have to pre wash the truck on site then leave the site to go back to the yard and finish up washing out the concrete drum so the concrete doesn't get hard in the drum then jump in my car and head home, eat a late dinner, shower and then go to bed.By the time i do all that i wouldn't get much sleep and it would not be safe for me to drive and operate the vehicle. The next day i didn't go to work and the supervisor was calling out my phone from 6:45 am, my wife answered and told him what time i got home and that i was sleeping and would not be coming in to work because i was tired. Later he called again and i answered and he was asking me why i didn't come to work so i told him that i was tired and will not drive a 27-28 tonne vehicle with little to no rest and he told me that he would have to speak to the boss and they would let me know what to do from the other working day if to come back to work or not. i have just started working there about a mth now i was on training for two weeks but still riding with another driver because there were no trucks available for me to be assigned to and was still being paid a trainee salary but the salary changed the Friday last to the 35 per hr probation salary when i got a truck to drive, that's when i worked the 17.5 hrs. Was i right to refuse to work ? were they right to ask me to come back out to work with little rest and then tell me they will get back to me if to come back out to work because i stayed home to get rest ?

Trinbago Rights said...

You did the right thing. People could have died had you fallen asleep at the wheel. Their request is unreasonable. Send me an e-mail please.

Anonymous said...

Hi I'm a sales clerk at a world wide company which is payless and the workers work forty hours a week but overtime too and when we get our payslip, its because we're not getting paid for it and when we call in head office they tell us that when our eight hour shift is over and if everything isn't finish, we should time out and continue working........... Do you think that's right???? Even when the manager is doing our pay roll, if we work nine for example she corrects it and put eight hours. What should I do about that??????

Trinbago Rights said...

Come join our trade union: Trinidad and Tobago Workers Association. Send me an e-mail.

Anonymous said...

Hi I work at a paint store and paid fortnightly. I work eight and a half hours Monday to Friday and Saturdays eight to one pm. Coming close to christmas I work longer hours and even Sundays, with no days off or overtime. Is this legal? Am I not entitled to overtime? Can I refuse to work if I'm not being paid overtime? What can I do.

Trinbago Rights said...

Anything over 40 hours must be paid at the overtime rates. Yes, you can refuse to work... but I would suggest joining our union first, so that we can engage the company with a letter.

Kristov Edwards said...

i work from monday to friday and i get paid monthly,but when i work on a saturday my boss says that monthly paid persons don't get paid for working an extra day. is this right?

Trinbago Rights said...

What does your contract say your working hours are?

Gofish! said...

We have a contractor working 12 hours a day and 7 days a week on a project with a tight deadline. I want to make sure we get the overtime right for both sides. I read the minimum wage OT schedule, but this worker makes over 1.5 times the minimum wage. Is there a different OT schedule I should be looking at?

Trinbago Rights said...

Same thing applies.

Unknown said...

I work for a retail company, hours of work are 8-4 weekly, 8-1 Saturday with a 1 hour lunch during the week, but none on Saturday. I dpoke to some one at the Labour Inspectorate Unit who said that the Minimum wages act would apply ( working over 40 hrs) because I am paid over the mimimum wage. My employer says I am not working more than 40 hours becaise they do not pay for lunch. Can you clarify?

franko 11 said...

Hi, i work for a onshore and offshore service provider company in the oil and gas industry in the construction department , while working onshore we are asked to work over 8hrs on a 12hr shift per day,the company claims that they have scheduled the work at 12hrs and because of this our normal working hrs is 12hrs is that legal ?????.. when the law of the land states normal working hrs shall not exceed 8hrs .We are paid overtime (1.5) for the extra 4 hours worked but the company claims that we are NOT entitled to meal vouchers because our normal working hours is 12hrs but keep in mind they pay the overtime for the extra 4hrs ,which makes no sense. the company policy states that meal vouchers will be paid on overtime work but they claim our normal working hrs is 12hrs and not considered as overtime . can you please advise on this , is this legal ? and can this actually be done ?

Trinbago Rights said...

Both your employer and the Labour Inspectorate Unit are talking ABSOLUTE rubbish.

Trinbago Rights said...

You can choose how to apply overtime... per day, or per week. 40 per week is probably the more appropriate measurement for you.

sam said...

hi i work for a security company that pays me $23/hr and i am rostered for 24 hrs on duty and 24 hrs off duty sometimes i have to work 36 hrs for the same $23/hr and a $25 meal allowance. what i would like to know is, am i entitled to time an a half and double time ?

Trinbago Rights said...

1. Are you precepted?
2. Do you work more than 40 in a week?

Weighty said...

Same question as the person above, but no precept and 96 hrs worked weekly. Am I entitled to overtime.

Trinbago Rights said...

Yes... then you need to contact the union
ttworkersassociation@gmail.com

UniWorker said...

I am a permanent worker at the University of the West Indies and my overtime is usually paid together with my salary and taxed altogether. Is it leagal to pay overtime in this manner? Or should overtime be paid separately from my salary. I am wondering since my overtime is almost nothing after taxation. A hard pill to swallow after clocking such heavy hours for overtime.

Trinbago Rights said...

Yes... that's why you file taxes and get your money back.

thefustrated said...

Hi, I work in the oil and gas industry as a dispatcher (onshore) my hours of work are 24hrs per day and shifts are 24hrs on/ 24 hrs off, my rate is $44 per hour and I'm monthly paid. I work no less than 360 hours per month.

1) am I entitled to overtime even though I make much more than minimum wage.
2) is it legal for my work hours to be 24 hrs per day.

Trinbago Rights said...

1. Unfortunately, the Minimum Wages Act won't apply.

2. 24 hours a day? You guys back to slavery? That is not even safe to work for so many hours straight.

thefustrated said...

What is the law concerning the maximum amount of hours I should work, can you direct me to any legal document I can use as proof?

Nicole, Blackchika said...

is time and 1/2 applicable when hourly rate greater than minimum wage

Trinbago Rights said...

Minimum wage law only apply to hourly wage of $22.50/per hour.

Nicole, Blackchika said...

Just to be clear if current rate is 20.00, 5.00 more than the minimum wage. does the employer still have to pay overtime?

Trinbago Rights said...

Oh my goodness... I just said above that wages up to $22.50 are considered minimum wage!

Naomi Mitchell said...

Hi. I work for an international company based in trinida. My contract states I'm to work 40hrs a week however in some months the roster me 41 hrs a week is this legal? I also recently received and increase signed by the company and myself now they want to revoke the increase and pay me less than what the recently offered, can they revoke the new contract?

Trinbago Rights said...

40 hours, is 40 hours, not 41.

"Revoke" the contract on what grounds? If so, that'll be a breach.

coleen thomas said...

hi , i was given a contract signed by employee that i would be payed $2600 per hour , is there any way that he can back on his word ,if it's already signed by both myself and him .

Trinbago Rights said...

Employee or employer? Not sure if you made an error?

Unknown said...

I have been working for a company for the past 5 years, I work 6 hours a day 4 days a week, I sm paid $28 an hour, I sometimes work overtime but get no pay for it, the employers say they pay us for 8 hours so if we have to work beyond the 6 hours which was agreed upon by both parties we will not be paid for any time worked after 6 hours.
I have also never been given holidays for the past 5 years working there.

Chad Bell said...

i am a professional, my fixed term 2 year contract, paid a monthly salary. this contract has expired. i am waiting on HR to issue my new contract yet i continue to work. do i have any protection under the law.

Trinbago Rights said...

Absolutely.

Anonymous said...

So after the company I work for start cutting hours due the restaurant being slow, I as the manager was confronted by one of the staff husband with a death threat.I'm still awaiting on HR pending action regarding the continuation of employment for the staff.But would like to know what are my legal rights if the company puts me a risk and have the staff work as normal?

Trinbago Rights said...

Contact ttworkersassociation at gmail.com

ramesh sookoo said...

i work for a state owned security company does this minimum wage act apply to them we are paid overtime but is it legal for them to tell us we have to work 36 hours straight and only allowed to leave to get food maximum 1 hour

gerald Paulali1 said...

the company i work for have not pay workers wage's for bimonthly and non bimonthly employees.the company have two date for payment's one is the 7 and the 22 off the month
it has been four bimonthly wages have not been payed is their legal action we can take against our employer

anthony regis said...

good day i am employed as a precept-ed officer for 6 yrs if i tender my resignation due to unfair treatment am i go get compensated for time served and and by how much base on yearly earnings?

anthony regis said...

good day i am employed as a precept-ed officer for 6 yrs if i tender my resignation due to unfair treatment am i go get compensated for time served and and by how much base on yearly earnings?

Rachel Constance said...

Hey good day I have been working for a company for the past two years....and everytime there's a holiday during the week they tell us thats our day off..is this right by law? Are we not still entitled to our personal time off and still get paid for the holiday

Trinbago Rights said...

You're considering constructive dismissal. Visit the Ministry of Labour or a trade union for advice before resigning.

Dennis Ramjattan said...

Hello good day, is there anything about when an employee works a double shift and has to come back to work the next day. And if the employee don't show up for work, management uses a sick leave to compensate the employee for the day. Is this legal. Hope this is clear enough.

upsetparent said...

My daughter is 17 and just got a part time job at a local store for the August vacation, however one of the supervisors is deliberately picking on her, talking down at her and the last straw for me was sending her to lunch at 4 in the afternoon after reporting to work since 8:30. My daughter doesn't want me to come in and address the matter as she's afraid she may be picked on more and/or be fired. What can I do?

Lala1972 said...

I have been working for a company for close to 6yrs over the past couple of months the company decided not to pay any overtime due to the downturn of the economy but continued construction of a new wing. I would sometimes work more than 40hrs a wk but within recent times my employer has cut my time to less than 40hrs and is making the work environmentioned unbearable as she said she doesn't want to fire me she wants me to leave so hence the reason. Is this legal? If so, what's my course of action?

Trinbago Rights said...

It's called constructive dismissal. Contact our trade union: Trinidad and Tobago Workers' Association.

Anonymous said...

i would like to know how to calculate double time on a public holiday. For example the person's salary is a standard 4000 per month. They work fifteen 12 hour shifts. Can u explain to me how one public holiday double time is calculated?

Trinbago Rights said...

You should intervene.

Anonymous said...

tell me if im correct, public holiday pay is calculated as double time for hours put in and 8 hours as holiday pay once you work the day before and the day after? because some companies pay flat rate, is this legal?

Trinbago Rights said...

I explained the law above... if the company is not acting within the law then you have already answered your question.

Nalini D said...

Good Afternoon,
Im employed at a private company where im working now for 4 months. I was not given a contract but understands that it is a permanent position. At three months and two weeks into employment i got sick where submit a sick leave. When i received my salary three days pay was deducted (sick leave period). When asked the reason for this I was told that i am on probation. (I was never told of a probationary period) but i do understand that new employees usually have probationary periods. My question however is, even if you are on probation do we have the same rights as 'permanent' workers when it comes to sick leave (14 days with pay)?

Trinbago Rights said...

Paid sick leave usually kicks in after 6 months.

Unknown said...

Hi good day I work for security company work 12hours per day 5 days a week 120 hours a forth nite am I suppose to get over time

Trinbago Rights said...

OF COURSE! Almost every security firm in the country is robbing its workers... you guys need to stand up to them.

Unknown said...

I have been suspended without pay for 5 days for not reading a email. This company has continuously been forcing employees to leave by asking them to resign and pay them off with 3 months salary. I have been given warning letters for simple mistakes in order for them to speed the process up to terminate my permanent contract. Is this legal. Would they get away with these explicit acts. They have also recently lost a case with a worker for this same incident. Kindly advise if I should take further action?

Anonymous said...

i am employed at a company i work am a shift worker,if i am rooster to work on a public holiday/ am i to be payed double time, plus my day pay.i am a monthly payed worker

Trinbago Rights said...

You can't be a monthly paid and hourly paid worker at the same time. Is it that you receive your salary monthly, but hourly rated? If that's the case, then you are entitled to 2x for the first 4 hours and 3x for all hours beyond that.

Trinbago Rights said...

Contact our trade union: Trinidad and Tobago Workers' Association

Daleian Gopee said...

Is it legal to deny an employee access of the company premises for their lunch hour ? I am working 10 hours a day ( Mon-Frid) and 9 hours on a Saturday at a fixed monthly salary. We are not paid for the period. This decision was taken by the owner since someone gave misinformation to the owner that I overstated my lunch .

Anonymous said...

Good Day i am a full time salaried Engineer with a telecoms company and recently the HOD requested that we volunteer to work extra hours on weekends to finish a particular project. He proposed payment of 1.5 x Hourly for Saturdays and 2x Hourly for Sundays, however i am not sure if his offer is legal since we are not daily paid workers. Also i am not sure what he should be properly offering in the circumstances. The project has already started and several people have worked. Can you please clarify...

Trinbago Rights said...

I see no problem with the request and payment... it's voluntary.

Anonymous said...

I am working as a manager in a localy own franchise. I signed a contract stating management does not get paid for over time. However daily weekly I am working up to 55 hours. Is there anything I can do about it.

Trinbago Rights said...

Are you working for $15-22.50?

Anonymous said...

Someone i know is working for a store an when dey get lunch break its deducted from there pay is this legal

Anonymous said...

Im in this exact situation, days off for overtime work but again no mutual agreement was made. How came we proceed in dealing with this matter. Can your company assist?

Anonymous said...

Hi I am working as a nurse for a private home. I get paid $15 an hour. Works shifts are 8hours at day and 13 hours at night. I get paid the same rates for both shifts and also on holidays. U get two sometimes one day off a week. Also work two double shifts (8hrs and 13 hours) a week. This month I've worked a total of 266 hours a month and was paid $2990 which was the result of $3133 after nis was deducted. So basically I was paid at a rate of $11.78. Is this illegal because I am willing to go to the Labor Board about this. Thank you in advance

Anonymous said...

i have been working for a company little over 4years permanent, the company is a private family owned business, within my employment period i was not given any contract, even to this day, i have also asked for a contract stating the policies and still have not received any, I was also wrongly fired and verbally assaulted by my superiors more than once and i was told i cannot do anything about it due to no contract being given. i am also a monthly paid worker, my salary is $4k a month. I work as a Graphic Artist / Marketing Assistant / Manage Social Account and Do Sales Amongst other duties.

Trinbago Rights said...

A written contract is not necessary... contact us.

Trinbago Rights said...

That is exploitation at its worst. Contact me.

Anonymous said...

What is the penalty for non payment of overtime?

Trinbago Rights said...

A fine of fifteen
thousand dollars and an order for compensation by the Industrial Court.

Anonymous said...

Healthcare workers working shift are the confined to the 40hr work week rule.

Trinbago Rights said...

This is for minimum wage workers...

Anonymous said...

Hello. I would like to know if it's legal for a restaurant to roster you to work a shift that ends at 12am one day and rostered to work a split shift next day starting at 7am? Another question is...if i show up for the next day shift at 7am then leave at 3pm with the obligation to come back at 5pm but can't make it back because of fatigue..can i be written up/documented for that?

Christal Cravador said...

HI I work in a restaurant and we work 6-7 hours a day, what is the legal break time for the employees ? Our management team reduced or break time from 30 mins to 15 mins.

Trinbago Rights said...

The answer is in the post...

Anonymous said...

What is the proper hours of work and break period if an employer requires his staff to work Monday to Friday 8am-4pm and Saturday 9am-2pm ?

Anonymous said...

Is it illegal to work less than 40hrs per week?

Trinbago Rights said...

Yes

Anonymous said...

What is the rate for working on a Saturday

Trinbago Rights said...

Same as weekdays.