my rights,on employment....abused and used!!!

[toging]

after my wedding iprocessed all the legal docs.and got my flr...soon after that i look for employment which i luckily found one just after few days...a chinese buffet restaurant in a front house....they said i will be on trial (which is ok for me and dint expect any contract or papers yet) and they are only looking for a part time which is fine with me, i started with 6 hrs.for a week and then slowly escalate to 9,12,15 and so on....sometimes 21 this time i asked my husband of whats going on bec.im on my 6th weeks already and they havent offered me a contract yet .....i am doing the waiting,cleaning and etc. coz they dont want u too have a single minute without doing nothing,but for me its still fine.....then i just decided to look on internet about self employment to pay tax,and etc...coz i want it to be above the board and to clear my self.....then my employer had another business in different place which is a cafe and they send me there to work as a kitchen assistant,it was a bit hard for me at first coz its a brand mew environment again and a whole new job from what im doing in restaurant (and again it was ok with me coz i adopt easily to any sorroundings)...oooppps i almost forgot to mention that while im doing the waiting in the restaurant,we are ALLOWED to get the tips that the customer gave us...we need to give it to the management and if we take it they call it STEALING!! and last wed.one of the customer called me for my tips,and my manager called me and send me to the cooler room to get something but the customer waited for me and put it on my hands.....but at the end i still gave it to the management.....yesterday they told me i will be working from 10.30 a.m till 10.30 p.m with 2 hrs.break.......and i got home 11 p.m and my husband was damn worried about me bec.its too late in the evening....when i told them what my my employer told me.....that 10:30 a.m-10:30 p.m they will only pay me 35 pounds bec.every chinese girl that is working there is only getting 35 pounds per day......as i was expected my husband was so angry......i was also crying bec.i was on my feet for 12 hrs.wating,cleaning and tidying....for only 35 pounds........so pls.tell me what to do.....coz my husband says its better to talk to them and tell my rights and blah blah.....i know its hard to find a job now adays but i am really feel used and ause....any comments and advice will be most welcome!!!! thanks for reading

[toging]

sorry we CANT keep the tips! its for THEM !

[lastlid]

http://www.guardian.co.uk/money/2009...s-minimum-wage

I am sorry but I dont know an awful lot about your situation but £35 for 12 hours work seems awfully low to me. I just googled this article which seems to reflect what might be happening with your tips.


I thought that the reason why the minimum wage for food service was lower than normal was because the tips would make up the difference? Dont know if that is definitely true or not?

[grahamw48]

Time to tell them to off and stick their illegal slavery up their s.

No they don't need to give you a contract of employment until you've been there 13 weeks, but yes they should be paying national insurance contributions (part by them as employers and part deducted from your pay)....since they are obviously treating you as an EMPLOYEE.

Time to move on I reckon, as evidently they are more accustomed to dealing with illegals working as 'casual' labour in their premises....not people like yourself, legally permitted to work here with the same rights as any other citizen.

Be choosy about your conditions of employment and don't let people use you, even when there is a shortage of jobs.

I used to work for the Department of Employment.



Here are your rights. Don't accept anything less. :

http://www.direct.gov.uk/en/employme...yees/index.htm

[Dedworth]

I'd jump ship and while you are at it anonymously inform HMRC that it would be worth their while investigating the restaurants tax affairs

HMRC Intelligence
Centre for Research and Intelligence
Freepost NAT22785
Cardiff CF14 5GX

[John_10]

I would have thought you were entitled to the national minium wage which is £6.08 - the main rate for workers aged 21 and over, not sure if this applies for you toging.

[lastlid]

"The new rules mean a restaurant will still be able to keep a proportion, or all, of the service charge from October," says Miles Quest of the British Hospitality Association. "But instead of saying staff receive an hourly rate below the minimum wage, topped up to the legal minimum by gratuities, staff contracts will have to state that employees are paid an hourly rate at least equal to the minimum wage."

From my link above....

[toging]

i might accept that low wage,if we are allowed to keep the tips (coz im pretty sure i will make more than my wage) but they keep it to their pockets too and keep doing it....

[toging]

Time to tell them to off and stick their illegal slavery up their s.

No they don't need to give you a contract of employment until you've been there 13 weeks, but yes they should be paying national insurance contributions (part by them as employers and part deducted from your pay)....since they are obviously treating you as an EMPLOYEE.

Time to move on I reckon, as evidently they are more accustomed to dealing with illegals working as 'casual' labour in their premises....not people like yourself, legally permitted to work here with the same rights as any other citizen.

Be choosy about your conditions of employment and don't let people use you, even when there is a shortage of jobs.

I used to work for the Department of Employment.



Here are your rights. Don't accept anything less. :

http://www.direct.gov.uk/en/employme...yees/index.htm

my husband said the same too.....

[lastlid]

..we need to give it to the management and if we take it they call it STEALING!!

You could look at it another way. If the employer doesn't give the staff their tips then they are stealing....

[toging]

I would have thought you were entitled to the national minium wage which is £6.08 - the main rate for workers aged 21 and over, not sure if this applies for you toging.

i was in minimum wage when i started till yesterday,and told me they will pay me minimum for coupe days (which i will be working 3-5 hrs. a day) but i need to work 12 hrs.for a couple of days too for 35 pounds....its a mix and match eh!

[lastlid]

If I go into a restaurant and at the end of the meal hand a couple of pounds to the waitress as a tip, surely that is for the waitress and the waitress only. NOT the employer.

[andy222]

They are taking the pee.

[lastlid]

They are taking the pee.

Yep. Taking advantage...

[sars_notd_virus]

chinese buffet restaurant in a front house....they said i will be on trial (which is ok for me and dint expect any contract or papers yet) and they are only looking for a part time which is fine with me, i started with 6 hrs.for a week and then slowly escalate to 9,12,15 and so on....sometimes 21 this time i asked my husband of whats going on ...i know its hard to find a job now adays but i am really feel used and ause....any comments and advice will be most welcome!!!! thanks for reading

I reckon you are treated as a casual employee, meaning you have the right to accept or not to accept more hours from them,...dont let them abuse you ,if they cant give you a proper permanent contract which is suitable for you,.. get out of there!!

[Smurfette07]

really annoyed with your situation, from what i remember a tip is ment to be given to the waitress who provided service to the customer, .. i would understand if all the employees during the day would put all the tips together and then equally divide the money to each employee. but it should not be taken away by the employer.. You guys worked hard for those tips. So you guys should have all the rights to have them, especially since you're only getting paid 35 pounds a day. which is RIDICULOUS...

[Smurfette07]

totally agree with you sars_notd_virus!!!

[bigmarco]

I'd jump ship and while you are at it anonymously inform HMRC that it would be worth their while investigating the restaurants tax affairs

HMRC Intelligence
Centre for Research and Intelligence
Freepost NAT22785
Cardiff CF14 5GX

I agree. I would of thought it is illegal to pay those wages so jack the job and report them asap

[toging]

thank u guys for all the advices....my plan is to SPEAK and take the risk!!!! i am just trying to find out if im thinking the RIGHT thing,thats why i posted it here on forum....and YES reporting them anonymously is one of my plan,bec.of the thought that they are getting away with paying the TAXES that the govt.should have had even long before!!!!

[ConfusedMe]

You should be paid at least the minimum wage. (I worked in an agency before and they don't pay me less than the minimum). You can't just work your a** off for nothing

[grahamw48]

Yep, one of the advantages of coming to this country is that we have LAWS that are actually enforced.

Of course there will be immigrant employers who are still trying to do things the way they have become accustomed to in their 'old country'.

How much abuse you're prepared to put up with is your decision of course, but my boy (18) has a part-time job at Dominos Pizza and earns more than quoted above, AND is a properly registered 'employee'.

The manager is a Filipino, as is one of his part-time co-workers.