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Reasonable hours and the law (1 Viewer)

Templar

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Not sure if this is an appropriate topic (I was thinking of the news and politics subforum, but I thought it would be better answered here; I do intend this to be a discussion, so mods, move if necessary).

What is the definition of "reasonable hours" and its legal implications, under both the old system and the new AWA? I'm particularly interested in the context for KPMG, so any employees please contribute to this.

In addition, is there any legal protection from refusing any overtime increase on this "reasonable hours"? Any laws stating that overtime above a certain amount must be paid? Does worker have any protection against negative reviews from refusing to work beyond such reasonable hours?

I'd like to hear everyone's views on it, so feel free to contribute.
 

ZabZu

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Templar said:
What is the definition of "reasonable hours" and its legal implications, under both the old system and the new AWA? I'm particularly interested in the context for KPMG, so any employees please contribute to this.
I interpret "reasonable hours" as normal working hours.

Under the award system I think workers get the normal flat rate of pay from 8am to 6pm, mon to fri. There are penatly rates for evening and night work. Penalty rates also apply for sat, sun and public holidays.

Now under an AWA the term "reasonable hours" is thrown out the window. Most AWAs remove penatly rates (for weekend work and night work). The vast majority of AWAs just have a flat hourly rate regardless of the day or time. However, only a small proportion get rid of public holiday loadings. Following the passing of WorkChoices the no-disadvantage test was removed. This test ensured that the flat hourly rate of an AWA was substantially higher than the award, to compensate for the loss of penatly rates. Now the rate under an AWA can be as low as $12.75.
 

turtleface

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hahahahahahahahahah

the KPMG contract has you worried hey?

I'll put you out of your misery

In accounting/law firms noone gives a crap about that Union, overtime stuff crap. There is a culture of no overtime pay.

Claiming overtime in my opinion is like asking to not be promoted

Don't worry though it is unlikely as a KPMG newbie that you will ever be asked to go beyond something like 5:30-6:00. As you get into the audit season, you may be expected to do up to 7 or 8 occasionally. If you are on a huge audit sometimes 11:00pm is also possible before deadlines. Of course these are not the norm and only when you are out at clients (and of course you get no overtime payments usually). When you are unassigned expect to leave at like 5

But don't worry accounting firms are relatively light on the overtime hours, at Law firms they work you about 80 hours with no overtime and at Investment Banking departments its more like 120 hours - again no overtime. I call that unreasonable.

Be happy at KPMG and enjoy it
 

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Yeah agreed. If you don't put in the hard yards, don't expect to get many positive reviews.

If a client has a 10 day deadline for an audit to be complete, there will be significant pressure from managers and above to get things done, and if it means 10 hour days to get things done, then so be it. (I've been given a heads up that for one client I'm working on in Jan, there is an expectation of working 7 days straight in the first week of the audit...)

Without knowing the exact wording of your contract, I don't think people can stop you leaving after 5, but you won't make many friends...
 

Templar

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First of all, I do not work, or intend to work, for KPMG in any capacity. Check my posts and you'll find I'm a pure maths.

Secondly, I'm not against the existence of overtime (as a person who wants to enter med, I acknowledge the 60 hour week is a widespread practice and look forward to using overtime and penalties to boost my wage). I am against the concept of overtime with no penalties or pay.

It seems highly unreasonable to demand such without sufficient penalties (and taking 1:1 excessive hour leave isn't penalty to me). I would like to think that the big 4 firms has the organisation skills to deal with clients in a timely matter with sufficient overhead to ensure this is not the case. It seems just like another case of the bottom line than their claims that they are family friendly.

I am particularly concerned about this practice with cadets, seeing that they are continuing with their tertiary education and should be given sufficient time for their studies. I am not saying any less emphasis should be put on the CA or CPA, but it is an area I'm more familiar with.

While I agree that if you work hard you get something in return, work hard does not equate to work long. Efficiency is what people should try and achieve, instead of putting in long hours. I am also concerned about this threat, however they want to disguise it, of poor reviews for people who choose not to work such long hours.

Surely there has to be some legal requirement as to how many consecutive hours a person can work? It has been medically proven that such long hours is not only detrimental to the person's health, but it also hinders their working ability.

I admire the 48 hour system in Europe. I believe that we have become too obsessed about our careers that we have let our social aspects slip. If this could be done in Europe, why not here?

After all, at least in med, if you are sufficiently tired, you can always refuse to work additional hours on safety grounds. And I'm sure a lot of people will be on your side.
 

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okay, well i think that 'reasonable' hours can change according to the type of work. Hours become unreasonable if they are so long that they affect the safety or wellbeing of the employee (eg tiredness makes them distracted, they slip = accident and injury), or if they are too long for the work being done (eg, a 12 hour shift just to, say do a bit of filing or something is silly as it could be done in 6 hrs). An 8 hour work day is perfectly fine for most jobs; if they expect you to work significantly longer than that over a long period of time then it seems fair to have overtime provisions. some jobs may require long hours to be done properly. but if not then anything much over 8 to 10 hours is too long.
edit: i just remembered an example from my last job. i did an 8 hr shift and was asked to stay back another hour and a half to do something that took me 15 minutes, but instead of letting me go when it was done my manager just kept finding stuff for me to do, pointless things like rearranging the desk in the office. It was weird.
 
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turtleface

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Templar said:
First of all, I do not work, or intend to work, for KPMG in any capacity. Check my posts and you'll find I'm a pure maths.
er...given you said (and I quote) "I'm particularly interested in the context for KPMG, so any employees please contribute to this." I have no idea why you need to make such a big point. My assumption was not an unreasonable one.

Secondly, I'm not against the existence of overtime (as a person who wants to enter med, I acknowledge the 60 hour week is a widespread practice and look forward to using overtime and penalties to boost my wage). I am against the concept of overtime with no penalties or pay.
Welcome to the professional world. Doctors are usually paid by the government, where luxuries like overtime are given. Whilst overtime pay is prevalent in the health sector unfortunately in the high end of the commercial sector it is not. I generalise, but I feel its reasonably correct. Do you ever see a CEO get overtime for instance?

It seems highly unreasonable to demand such without sufficient penalties (and taking 1:1 excessive hour leave isn't penalty to me). I would like to think that the big 4 firms has the organisation skills to deal with clients in a timely matter with sufficient overhead to ensure this is not the case. It seems just like another case of the bottom line than their claims that they are family friendly.
The Big Four working experience is like a holiday compared to that of a law firm or the Investment Banking department of a financial institution. If you want to bag poor staff policies, target them first. The Big 4 make huge concessions, especially considering the prevalence of women in accounting nowadays. There are numerous instances of people being allowed part time work, e.g. 1-3 days a week to pursue family or sports or education. There are people I have known personally who have worked 2 days a week raising a family, or 1 day a week whilst playing professional sport (I mean right at the top level, AFL/Cricket etc.)

It is not unreasonable to demand a few extra hours to improve the quality and completeness of your work. Do you not do it for homework? Why not for your career? This culture is ingrained in not just accounting but engineering, law, consulting, financial services etc, virtually every professional field.

I am particularly concerned about this practice with cadets, seeing that they are continuing with their tertiary education and should be given sufficient time for their studies. I am not saying any less emphasis should be put on the CA or CPA, but it is an area I'm more familiar with.
Cadets are extremely well looked after. They are given extensive study and lessons leave. Whilst the workload is tough, it is good training for whats to come. Full time University education is a vacation compared to trying to juggle CA with work etc, and also the stresses that come later in your career.

While I agree that if you work hard you get something in return, work hard does not equate to work long. Efficiency is what people should try and achieve, instead of putting in long hours. I am also concerned about this threat, however they want to disguise it, of poor reviews for people who choose not to work such long hours.
Work long=getting more stuff done. No matter how efficient you are, the longer you work, the more you will get done.

Surely there has to be some legal requirement as to how many consecutive hours a person can work? It has been medically proven that such long hours is not only detrimental to the person's health, but it also hinders their working ability.
People have a remedy. Get a new job.

I admire the 48 hour system in Europe. I believe that we have become too obsessed about our careers that we have let our social aspects slip. If this could be done in Europe, why not here?
Again, no way will many professionals adhere to this. An IBanker in Europe would be lucky to get away with 84 hours.

After all, at least in med, if you are sufficiently tired, you can always refuse to work additional hours on safety grounds. And I'm sure a lot of people will be on your side.
Are you kidding? If you work below 80 hours for Surgery, you are treated as an outcast. The senior surgeons will most likely tell you to quit surgery. I believe this is disgraceful, but you can go blame the Surgeons college for limiting their training of surgeons.

I dunno about non surgery roles, but if you've seen the shocking state of hospitals at the moment, and doctor with some level of compassion will go beyond a standard working week to help out with the huge backlog of patients.

---
With regards to what you have said, I admire your principles but your views are too simplistic without regard for much of the complications and issues that exist. Professionals have put up with being treated like slaves in the past and continue to do so. They do so because their work has become integrated with their personal lives. Is this good? I don't know, but given that you never see accountants or lawyers or engineers marching down the city crying out for minimum wages or 2 days extra sick leave suggests that they are happy to work a little bit extra for a lot more remuneration. I mean they have to do something to justify their relatively large salaries.

I think that the world would be better if everyone stuck to the 9-5 routine and that was it, with overtime rates if this was exceeded. But then how do you justify a surgeon earning 3 times a nurses salary? You can't. So they just work 3X the nurses hours.
 
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velox

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Sigh. Turtlefaces figures are way off the mark. I know quite a few euro ibankers who do 60 hours a week. Traders and sales people. Doctors don't always get overtime. At quite a few city hospitals, you dont get it. Surgeons dont work 114 hours a week.
 

turtleface

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traders and salespeople aren't bankers...:mad1: I mean proper investment bankers

What figures are off, did I even quote any?

where did 114 hours come from?
 

Templar

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I'm tired, so I'll just reply to part of the post. The rest will come later (I've just arrived home after 30+ hours out)

turtleface said:
Are you kidding? If you work below 80 hours for Surgery, you are treated as an outcast. The senior surgeons will most likely tell you to quit surgery. I believe this is disgraceful, but you can go blame the Surgeons college for limiting their training of surgeons.

I dunno about non surgery roles, but if you've seen the shocking state of hospitals at the moment, and doctor with some level of compassion will go beyond a standard working week to help out with the huge backlog of patients.
This highlights the general stereotype on the medical industry which is very misunderstood. The AMA is very vocal in safe working practices and recognises while there is a culture ingrained with overtime, especially in surgery, it is highly unacceptable and work is done to rectify this. For more information refer to the AMA website and the 2006 Safe Hours Audit, if you're interested in where the truth lies. In addition view the National Code of Practice to see what detrimental health effects extended hours of work can cause, and ask yourself whether it's all worth it in the name of career.

If a doctor has any real compassion, s/he would not continue to work after an 18 hour shift. This is a dangerous practice which not only affect the doctor but also jeopardise the quality and safety of the medical care provided to the patient. Once again, I urge you to check up on the AMA website for more information.

Hope that clears up on the med front.
 

velox

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turtleface said:
traders and salespeople aren't bankers...:mad1: I mean proper investment bankers

What figures are off, did I even quote any?

where did 114 hours come from?
So you mean just M&A? Dont see why you are mad, are you wanting to be an investment banker and don't like sales/trading? Not real solid just quoting one job as an example. And 114 hours came from surgeons working 3x more than nurses.

And once again templar is talking out of his ass.
 

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