TOIL / Business Travel

[Connie Powell]

Hello,

I am a full-time, salaried employee. 5 days a week, 40 hours a week, Monday to Friday.

I worked long hours during the weekend and travelled to and from the event for an exhibition we had.

My employer has given me 2 days time off in lieu.

He had given me 3 days time off in leiu for circumstances llike this previously. However, he is not approving my time off and says I should not be focused on me counting hours as I am a salaried, full-time worker.

Is my employee right? Can I dispute this?

 

[Mr D]

This was at a different location than your normal place of work?

 

[Connie Powell]

@Mr D

This was at a different location at an exhibition last weekend.

 

[Newchodge]

If you are a salaried employee you would not normally claim overtime for odd 'additional' time. Does your employer have a policy about this? If not, then it is whatever you can negotiate.

Calculate your total monthly hours in the relevant month, including travelling time that is not just home to base, and see if you go below Minimum wage. That is the only external rule that would apply.

 

[Mr D]

Claim the extra travel time as pay.

 

[Newchodge]

Claim the extra travel time as pay.

How, exactly?

 

[Mr D]

How, exactly?

Some of the places I've worked at we had forms for expenses and overtime. Used those for travel time over and above normal travel to work.
If no forms, a letter or memo can work.

 

[Newchodge]

Some of the places I've worked at we had forms for expenses and overtime. Used those for travel time over and above normal travel to work.
If no forms, a letter or memo can work.

But the employer is already limiting the claim to 2 days TOIL.

 

[Mr D]

But the employer is already limiting the claim to 2 days TOIL.

So far. Presumably the OP worked those days in addition to normal days? So TOIL would be expected for the same total number of hours at least.

However if there was additional time spent travelling - are you suggesting no employer should ever pay for that?

 

[Newchodge]

So far. Presumably the OP worked those days in addition to normal days? So TOIL would be expected for the same total number of hours at least.

However if there was additional time spent travelling - are you suggesting no employer should ever pay for that?

No. I am suggesting that a decent employer would properly reimburse their employee for all time spent on the employer's behalf, including travelling time. The fact the OP is dealing with an employer who does not believe in doing that is the problem. Telling them to claim the extra travelling time as pay is completely pointless.

 

[Connie Powell]

I really appreciate your responses.

I don't know how to approach this one. As it is, my employer does not understand my loyalty and committment to his company. That is something else I need to figure out.

I worked those days in addition to normal working days.

I requested an additional day off for travel, working during lunch periods and travelling the materials back to the Office.

• I have been to almost 10 exhibitions with the company and ones that have been across the weekend, I have been reimbursed with 3 days in lieu by him without any issues.
• I also mentioned in my e-mail that during my lunch breaks at the exhibitions, I was creating and posting stories (as I do not want to be on my phone when I'm at the stall), as well as actively promoting the brand, etc.
• My colleague, the General Manager, who is my boss' sister, constantly walks off and/or is on her phone checking her Whatsapp and personal Instagram. It's just us at exhibitions. I did not mention this to him as I wouldn't be met with an unbiased perspective.
• In his e-mail response, he said; "You cant expect an employer to give you extra time off for the work that you are anyways signed up to do" and tells me this is due to my time management.
• He also expects me to not count my hours as a full-time staff member.

 

[Mr D]

No. I am suggesting that a decent employer would properly reimburse their employee for all time spent on the employer's behalf, including travelling time. The fact the OP is dealing with an employer who does not believe in doing that is the problem. Telling them to claim the extra travelling time as pay is completely pointless.

Then as you know so much about the employer's policies you can give a definitive answer to the OP.

Meantime elsewhere with a company that didn't pay such things I got 6 hours pay for travel time by writing a letter. But not a company whose policies you know.

 

[antropy]

My colleague, the General Manager, who is my boss' sister, constantly walks off and/or is on her phone checking her Whatsapp and personal Instagram.

Your boss is probably aware of this but because it is family turns a blind eye. Alex

 

[BeauLacey]

He's giving you 2 days off for working 2 days at the weekend. Seems fair.
What was the justification previously for giving you 3 lieu days for working 2 days?

 

[Connie Powell]

@BeauLacey

His justification was for any additional time spent and travel made.

Doesn't seem right to not be compensated for using most of weekend for business purposes. What time do I have to relax or socialise? I did not spend 8 hours per day on business purposes. I worked my normal working hours/days and then fulfilled an exhibition on the weekend for longer than 8 hours per day. I also had two working lunches.

Why do you think it's fair?

 

[ethical PR]

What does it say in your employment contract/ TOIL policies? @Connie Powell ?

It is not about what is fair.

Don’t use your lunchtime for work. Use a laptop at the stall. Perfectly acceptable.

In your situation I wouldn’t be working a 7 day week and would be looking for another position in a company that appreciates my skills and experience.

 

[BeauLacey]

What time do I have to relax or socialise?

on the two day's lieu you were given for losing your 2 day weekend. Work Sat/Sun - Take mon/Tues off.
Your issue is more that you worked more than an 8 hrs day but haven't been paid per hr.
All depends on your contract/company policy. Mine is for 40 hrs 8-5 but the company can "vary these at its discretion for operational reasons." "Any reasonable request by the company to work additional a hours to complete the work required will be adhered to"
Doesn't every one on salary work "extra hrs" all the time? There's peaks and troughs. I'm never fully working 100% of my 8 hr day.

Only your boss can answer why he's reduced it from 3 to 2. What would they do if you took the extra day?

 

[Mr D]

on the two day's lieu you were given for losing your 2 day weekend. Work Sat/Sun - Take mon/Tues off.
Your issue is more that you worked more than an 8 hrs day but haven't been paid per hr.
All depends on your contract/company policy. Mine is for 40 hrs 8-5 but the company can "vary these at its discretion for operational reasons." "Any reasonable request by the company to work additional a hours to complete the work required will be adhered to"
Doesn't every one on salary work "extra hrs" all the time? There's peaks and troughs. I'm never fully working 100% of my 8 hr day.

Only your boss can answer why he's reduced it from 3 to 2. What would they do if you took the extra day?

Some of us on salary work extra hours and get paid for them or time off instead.
If never fully working 100% of your 8 hour day then perhaps make yourself more valuable, if company decides to trim its excess workforce you'd be at risk compared to those who do fully work 100% of their 8 hour day.

 

[Financial-Modeller]

@Connie Powell you volunteered to work over the weekend, and received three days TOIL on prior occasions.

This time, your employer has granted you two days TOIL.

If you're not happy with that arrangement, don't volunteer to attend the next exhibition on the same terms, and/or agree terms prior to attending the next one.

 

[lesliedocherty]

@Connie Powell you volunteered to work over the weekend, and received three days TOIL on prior occasions.

This time, your employer has granted you two days TOIL.

If you're not happy with that arrangement, don't volunteer to attend the next exhibition on the same terms, and/or agree terms prior to attending the next one.

I think you forget what its like to be an employee, you don't just tell your boss, some boss's are less than approachable, some staff are scared of losing their jobs, most staff find it hard to be honest with their boss's.
Most boss's don't take well to staff being quite upfront and honest with them, they want you to be honest when it suits them.

 

[Newchodge]

@Connie Powell you volunteered to work over the weekend, and received three days TOIL on prior occasions.

This time, your employer has granted you two days TOIL.

If you're not happy with that arrangement, don't volunteer to attend the next exhibition on the same terms, and/or agree terms prior to attending the next one.

'Granted you 2 days'. How jolly decent of them.

By custom and practice the employee was remunerated for this additional work by 3 days' TOIL. Changing the contract by reducing the remuneration by 33% is completely unacceptable, made worse by the fact that the employee was not notified of this unilateral change until after they had carried out their side of the contract and therefore had no chance to refuse the change by not doing the work.

The fact that the employer has, stupidly, alienated a hard-working and loyal employee by their short term greed, is aso something to consider.

An employment contract, like any other contract is a bilateral agreement. The fact that the employer has all the power in the relationship does not make it acceptable for them to act in this way.

 

[Paul Kelly ICHYB]

Cindy is the expert.

For me, it all boils down to your contract and company handbook.

If not happy with it, don't volunteer again or find a new job!