Is my work ripping me off?

[Pirate]

I got a question regarding work contracts. I signed my new work contract in january but it was back dated to sept 1 last year. Part of this new contract was monthly bonuses. But I am yet to see anything done about these. I have not been given any, nor have they said I didn't deserve any.

My boss has said that we are not doing that system yet. But the contract was signed and this was part of the conditions. Also, I am not sure if this in my contract, i need to check. But we also lost our overtime rates at the same time.

The company has made sure we are not getting overtime, but there is still no word on our bonuses.

Another problem with this is that due to management promoting and firing helpdesk staff, and not replacing them (currently 2 people supporting 500) there is no way in the world we can get the targets to get these bonuses. Is this legal?

Sorry about the bad quality of the post. I am posting this from work and I am hiding it when the boss walks by.

[muppet]

if you signed a contract that said your bonuses are provided from sept 1 last year, then yes, you are entitled to those bonuses - your boss is being a dodgy cunt by saying "oh we havent put them in place yet" if they're not in place, they're not supposed to be on the contract.

If you are one of 2 people supporting 500 others, and you think that the targets are set too high, you should be able to question this and have the targets re-assessed to make for a more achievable target.

Also, I don't think it's legal for them to give you a document to sign that's backdated so far back. As far as I know, you should've been given the document as soon as it was written up.

Stupid workplace reforms

[Colonel Kurtz]

they can give you a backdated document, you agrre to it by signing it. if you don't agree, don't sign. remember nearly everything is negotiable and negateable by contract

[rickbitch]

sux2beus. If you whinge too much about it, they'll just pay out the bonuses so they can't get sued and then sack you, citing operational reasons.

Viva la industrial revolution. If labor doesn't get in, we've got 7 more years to go before we have all out industrial war.

[Sagacious]

It's all legal the backdating, the bonus structure, the ratio of supporters to supportees, everything. Why? As long as the company that employs you has fewer than 100 employees then if you agreed to it as long as it is not a contract the terms of which require you to commit a criminal offence basically you are stuck with what you agreed to.

That is all.

[muppet]

As long as the company that employs you has fewer than 100 employees ..
(currently 2 people supporting 500)

are there 500 staff Pirate? or less than 100 as sag mentioned?

and does this make a difference Sagacious?

[Sagacious]

are there 500 staff Pirate? or less than 100 as sag mentioned?

and does this make a difference Sagacious?

not my area but if there are more than 100 staff employed then the employer is bound by the award or relevant industial instrument governing wages and conditions for that industry and is also bound by Unfair Dismissal Laws which require a process to be undertaken before a dismissal can take place.

[rickbitch]

It's all legal the backdating, the bonus structure, the ratio of supporters to supportees, everything. Why? As long as the company that employs you has fewer than 100 employees then if you agreed to it as long as it is not a contract the terms of which require you to commit a criminal offence basically you are stuck with what you agreed to.

That is all.


Negative red leader. The 100 employee limit is ONLY for unfair dismissal laws. Everything else is a free-for-all for all companies.

[jhop]

I had a mate who went to great lengths to negotiate that he would have a pay review after 3 months. They agreed, and then after three months said 'we did a pay review, and decided that everything is fine as it is'

And that was before the current work place relations stuff.

He left shortly after that.

[Sagacious]

Negative red leader. The 100 employee limit is ONLY for unfair dismissal laws. Everything else is a free-for-all for all companies.

Like I said Labor law is no longer a field I practice in. When the government changed it again for the umpteenth time by bringing in Workchoices I said fuck it and decided to concentrate on the other areas of my practice instead.

[Sagacious]

I had a mate who went to great lengths to negotiate that he would have a pay review after 3 months. They agreed, and then after three months said 'we did a pay review, and decided that everything is fine as it is'

And that was before the current work place relations stuff.

He left shortly after that.

I know of a lawfirm in Brisbane who did something similar except their salary review (on management's analysis) warranted a reduction in salary so they cut the guys pay.

[jhop]

oops!

Great way to make the employees happy!

Back to the origional question: I have had bonus schemes set up before, but there was never any hope of meeting the targets. I suspect the 'we haven't set that up' argument is poor, and they could get in trouble for that (you have a contract saying they will. What does the contract actually say, there is a bonus scheme, or we will set up a bonus scheme. However they have an easy way out of that, just set reduculous targets, which I am willing to bet are not in the contract.

You only real power you have is to walk, the question is, how hard will it be to find a better job?

maybe a work to rule campaign, and constantly point out to your boss that if there was a working bonus scheme, you would put more effort in. Is this your boss that is causing the problem, or is it coming from higher up? My feeling has often been that middle management always gets squeezed from the top and the bottom, not a job I would relish!

[Hit And Rum]

Work bonuses... I have seen people make them easy in fact smash through the targets and then they didnt get them?!?!?

How?...one sentence in the paragraph "At the discretion of management"!

Fuckers!!

[Pirate]

oops!

Great way to make the employees happy!

Back to the origional question: I have had bonus schemes set up before, but there was never any hope of meeting the targets. I suspect the 'we haven't set that up' argument is poor, and they could get in trouble for that (you have a contract saying they will. What does the contract actually say, there is a bonus scheme, or we will set up a bonus scheme. However they have an easy way out of that, just set reduculous targets, which I am willing to bet are not in the contract.

You only real power you have is to walk, the question is, how hard will it be to find a better job?

maybe a work to rule campaign, and constantly point out to your boss that if there was a working bonus scheme, you would put more effort in. Is this your boss that is causing the problem, or is it coming from higher up? My feeling has often been that middle management always gets squeezed from the top and the bottom, not a job I would relish!In my contract it does say they are going to pay a bonus as part of my package.

"Short term incentive to be paid based on performance ranking against role description and objectives. $3000"

I spoke to the boss again. The problem is with the middle managment. I have a meeting tomorrow where we are going to talk about it again. I hope they actually do something.

[Chocoholic]

Have your contract on you during the meeting so you can point to the parts that aren't being meet.
Also after the meeting put something in writing and email it to your boss. Just confirm to what was said and agreed to in the meeting. Try and get deadlines attached to any promises they make and include these in the email.

Given I am an analyst and know how much money I make and how much I make for the company in an average 1/2 hour, I would also have some sums.. Though I probably wouldn't be sharing these with management at this stage. That would be my plan B. Calculating my bonus and then directly asking for the money to be paid in the next pay cycle as per the signed contract.

[Kez]

How'd it go Pirate? I am curious, as I am pondering sending you my resume for those support positions, but don't want to work for a company that skimps on their employee's....

[rickbitch]

is there such a thing?