New answers tagged

0

About the second paragraph: this is perfectly normal. About the first paragraph: Yes and no. It is legal to have someone sign an overtime included contract, and it is legal to not pay for overtime according to that contract. Most tech and consulting firms do that for pretty much everybody holding a somewhat not-bottom-of-foodchain position. For a web ...


2

There is an unpleasant, but rather popular practice in Europe to include illegal and unenforceable clauses in a contract between unequal parties and also a clause stating that if a clause is found illegal and/or unenforceable, the remaining of the contract still holds. The burden of getting the unlawful clause to the court is on the side not liking it (and ...


7

Adding the legal sources of the work time part of the question to the other answers, but since I'm not a lawyer, I only cite the sources (in german), with a short, possibly incorrect translation. Source is the Arbeitszeitgesetz (ArbZG) ("work time law"): § 3 Arbeitszeit der Arbeitnehmer Die werktägliche Arbeitszeit der Arbeitnehmer darf acht Stunden ...


3

The answers above are half or fully wrong. First of all you have to distinguish between a "worker" position or a management position (that was correctly stated). Up to a certain amount a manager my be required to do overtime, without compensation (for a limited period of time). BUT: usually that is compensated with free time (not by law, but by contract ...


227

Both statements have been in courts and both have been ruled illegal and unenforceable. Overtime can be included in the "basic salary", but only if you are in management or similar positions where your basic salary is good enough anyway (currently >76.200€ p.a.). In addition, overtime can not be generally included, because basic contract law says you cannot ...


7

As far as the first statement goes, this is part of a lot contracts, but if you decide to take them to court probably wont stand, since this is not legal, a legal phrasing would be something along the lines of. As far as the operational conditions require, overtime is to be worked. Overtime working is already fully compensated up to N hours with the ...


22

This is business. Your self-worth is not at stake. You are being asked to invest your only irreplaceable resource, your time, in this company. By trading cash salary for shares / ESOP / options / RSUs / whatever, you become an investor in the company. This is fairly common at early-stage companies. Therefore: part of your decision-making process should be ...


3

Here's a question - how much overtime will you have to work to fulfill both goals? that this project is finished in two months, which you yourself said is a bit optimistic, so, it would in the best case require extra work that it sells well (and how much control do you have over that, anyway? If they meant for you to make it look extra nice so it sells ...


1

I am going to target the specific aspect of raise in my answer. If you are working on something that generates money for the company and are doing it well, it makes perfect sense to ask for a raise. You make them more money = you are worth more to the company. If it is a small company, then this "company policy" is basically just buzzword. If it is a big ...


0

A good performance review is partially down to luck, but the other part is down entirely to yourself. So it does not make sense to be grateful toward your manager for a good review: all they did was observing that you performed well. Of course it's nice if someone tells you that you did a good job, but you want more: a raise or a promotion. So have you ...


4

I understand why you are upset. It's because the situation is unfair. It is unfair to schedule your shift so late that you cannot actually make it on time. It is unfair that they did not provide detailed enough directions so that you could find the location. It is unfair to waste your time using an invoicing app that doesn't work. And after wasting your time ...


7

Some things to consider about this offer How much control do you have over the project being completed? This is to determine if the deal is good even within the company. Do you control who is assigned to the project? Are you guaranteed the required resources? Do you have authority over the others on the project? Are they your underlings rather than the ...


10

I'm not sure if what they did is legal. Forget this part, completely as the dispute is over 20$ and your only recourse is to prove that you were not a contractor, but an employee which is not simple, or cheap, and just not worth the hassle. If you feel differently, engage a local lawyer, not random people on the internets. So for sake of this post, I will ...


4

Is there anyway I can salvage the situation? At least I would like to work my scheduled shift? With the disagreement with the invoice, we were only $20 apart. I didn't feel comfortable not addressing it but I certainly don't think this is something to lose the business relationship over. You could try explaining that you don't think this is ...


4

they said due to their policy being to not disclose this They genuinely said that their policy is not to tell a candidate how much they will be paid?! A reasonable answer to that is "I can't tell you how many days a week I'll work for you if you can't tell me how much you're paying". It does not have to be all in the same letter - they can write the ...


4

Simply put your agreed salary in writing to them. Say that you will join then subject to them paying a salary of xxxxxx. That way you are covered. Basic terms would usually be sent in an offer letter but there's nothing to stop you saying your accepting the offer based on certain conditions, it is a two way process and they don't get to call the shots.


55

So is this offer letter legally correct or not? It doesn't matter. You should walk away even if it is legal. It's already a big red flag in terms of professionalism to not by default include salary in an offer letter. But to outright refuse when pressed? You're 100% in not-legitimate territory here. There's simply no reason why this would be their policy ...


13

In the future, do not accept an offer until you've seen the written contract (and possibly the employee manual if the contract refers to it in any way). In the meantime, proceed as if you don't have a contract yet, because you don't. Keep on interviewing with other places. Do not stop. Do not slow down. If currently employed, do not quit until you have ...


1

-One possibility is to outsource the departement to a country with lower minimum wages. also, if legal, one can allow the workers to do more paid work, so they can get a living wage by working more hours tax free benefits (if legal) like a transportation subscription might be win-win subsidised food in the canteen Also the notion that increase is ...


8

Agree, looks super fishy. If you have a choice, leave this company in your tracks and don't look back. On the other hand, if you have nothing to lose and have NO other options, go to your first day and see if they going to scam you and for how much. Don't sign anything binding and be prepared to walk away. P.S. Please keep us posted.


18

Simply point out that you cannot consider leaving your existing position until you have the received and reviewed the full details of what they are offering, including any terms or agreements they expect you to sign.


27

A job-offer letter is just a contract where you say "I promise to work for you" and the other parties say "in return I promise the following things..." That is all it is. You could have a job offer that says "I promise to come and drink your coffee once a week" and "In return we promise to loudly yell insults" This job offer would be both legal and ...


140

[....] the salary annexure and appointment letter will be issued on your joining. So, basically you're expected to accept an offer and join the work without having any written proof of appointment and confirmed agreement on your payout? Anything which is not a part of written agreement from proper authority, is not part of any agreement, at all. If I ...


15

What I found is that the workers are not satisfied with their wages Is this ever not found in a company? Who does not think they should get a raise? So what would be the best way to approach this problem from a human resources perspective? The most logical thing would be to work on issues related to emotional salary, but I would like to hear other ...


21

Hire 14 year-olds and replace them with new 14 year-olds every year. (examples: McDonalds, Girl Scouts) Automate. Tell them they're contractors now, but that they'll make serious cash recruiting others. (examples: Avon, Tupperware, Uber) Outsource the work, or part of the work, to your own customers (examples: Ikea, Waze, Hot Pot City, StackOverflow)


9

This is clearly an issue with the wages. Minimum wages means CEO is trying to get away with as little wages s/he can give. This is not your problem to handle. Report the feedback from employees to the CEO, without throwing any of them under the bus. Its the CEO's decision to make. It's affecting morale and soon people will start to leave and you will be ...


0

You need to understand the taboo. In the US, it's usually understood that a company will punish its employees who talk about their salaries. In my state, it's illegal for a company to punish its employees who talk about salaries, but in practice, that doesn't really matter, the company can just lie about the reason they fired you, or lie about the reason ...


6

I fully agree with the answer given by Kilisi. However, I'd like to extend that by adding another point of view. Once my coworker departs (after the notice period), I would like to negotiate a raise. This will also coincide with my year-end review in mid-December. You have an added advantage, as the natural performance review cycle is around the corner. ...


3

With that in mind, how can I leverage my coworker's departure into a raise? By outlining your increased responsibilities. Basically you don't have to do much except give the amount you feel you need to stay working there plus a bit extra so you have room if needed. The less rationalisation you need to do at that point the better. But have your arguments ...


0

You are clear about this: you need more pay. There's nothing wrong with needing more pay. Here's a question to ask your supervisor. Hey, boss, what does it take for me to get more responsibility in my job? Most companies appreciate people who want more responsibility, so this question is unlikely to give offense. If the question does offend your ...


0

I should also mention that I will be at the same [defense] company, it would be with a new contractor who does not know how much I was making before. You can ask for more, stipulating that it is contingent on the benefits they offer (showing that you're open to negotiations). I worked for a US contractor a while ago that had the award for a [non-...


2

"Better"? What do you mean by "Better?" From your question, I'm going to assume you just mean "Higher Salary". I mean, that's literally the only thing you mention about your job - nothing about benefits, corporate culture, personal happiness, technologies that you use, etc. Right off the bat, this makes you look incredibly myopic - especially for someone ...


7

Getting to the gist of the question: What is the better career strategy? Stay at one company long term or switch often to get higher pay. There is no one strategy to rule them all. It really depends on your end goal. If you want a higher salary, generally switching jobs laterally is your best bet. Companies tend to offer new hires higher salaries to ...


13

Just wanted to add that there's nothing to be embarrassed of. Every step you took made sense w.r.t the information you had at the time you took it. Each time you switch jobs there is a risk that it will be a change for the worse. The real error many people make is sticking to the new job no matter what because they are unable to admit they have made the ...


1

The word "overachiever" can have different interpretations here, and the answer can be different because of that. I discovered this in a chat with JBentley (thanks!). To illustrate let's suppose that two people, Alice and Bob, are both fixing cars. The company expects new hires to both fix ten cars a day. As they gain experience, in one year's time, the ...


2

it would be with a new contractor who does not know how much I was making before. Regarding salary, is it okay for me to ask for more money since they are offering me my old position back, or should I only ask for what I was making before? Should I just take what I can get? The customers knows how much they were paying for your services. That ...


73

Should I just take what I can get? Yes. Your goal here is to get out of a failing company and back to somewhere you enjoy working. Failing to do that isn't worth a little bit of extra cash this year. You're no more valuable now than you were when you left, so you've got no reason why they should pay you more. Big defence contractors tend to have rigid, ...


113

FWIW, I knew someone a few years ago that was in a similar situation, and he actually had to take a salary hit when he returned to his old place of work. You're certainly not in a strong position to negotiate a higher salary here: You've made it clear that you want your old job back - you've reached out to them and asked (they're not begging you to come ...


1

Flipped around from the other perspective this would be like you telling the CEO, "don't expect productivity increases unless you pay something really exceptional". Expressed that way is damaging to the relationship also, but makes it more apparent why... In general, one should steer clear of taking a hard line on the terms of the relationship, unless there ...


1

This is fine, as a temporary situation, if and only if the company is in a recession. In such a situation it means "we don't have money for pay raises, but for those who truly deserve one we'll reserve the right to make an exception.". It's also fine in a low skill industry, when the company expects rehiring and retraining to be fast and cheap, and ...


8

I felt injustice after my company hired fresh graduates with higher salary and grade than mine You should change your point of view: think this way - Are you getting paid enough for the value addition you provide to the organization? If you think you deserved to be paid more (based on your work and performance), go ahead and ask for it. If the organization ...


0

This is a "lesson" for you. Next time you have to ask more questions and politely insist on writing all agreements on "paper" before moving on. You may think that this will be considered strange by your boss or HR. Maybe, but at least you'll be safe. When it comes to money, don't joke with it. Just like you said, the salary weighting is very unclear. I ...


7

Not only is this policy counterproductive, but it's actually a great way of losing the talent that the CEO is trying to reward! Imagine a basic entry-level job that pays $100. After a year of 2% inflation, what do you think the same entry level job will pay for someone just starting? Or someone starting ten years later? The salary will go up - but it's ...


3

It is not counterproductive IF the same rules also apply to the CEO and the board of directors. Almost by definition, none of those roles allow them to carry out anything exceptional. If the company makes a successful profit, that is merely them carrying out their job normally. If they are seen to be taking pay rises, dividends, stock options or any other ...


16

unless you're an overachiever or do something really exceptional This is arbitrary. In reality it means the CEO is unwilling to give raises and is telling everyone not to ask him. He's just putting it in a nice way to avoid confrontation and since he's arbitrarily stating what he wants, he could form fit it into anything. "I put in 20 hours of extra work a ...


3

We can talk whatever we want, but it all comes down to supply and demand in that place and time. If the employees can find, in the same country and city, a better job (more paid, or better in other ways), they can prove the CEO wrong. If they cannot, if there are no better jobs for the same level of skill and productivity, then the CEO is right. However, ...


2

The CEO appears to be assuming that other similar employers in the area are only giving inflational salary increases (on average) and that the salaries for staff in their industry are increasing in line with inflation. That may be the case (I am not familiar with the specifics of your industry/job market). However, if it is not and salaries in the 'market' ...


11

Lying is counterproductive It's reasonable to assume that this is an accurate description of the current situation - that the company fully expects to keep its salary budget per headcount the same (given the inflation adjustment) and the budgets allocated to smaller units and middle management reflect that. So what we're discussing is actually about the ...


3

Given the fact that the paycheck revision (weighting, as you said) was agreed upon, but no fixed (or minimum) amount was promised, the organization is free to choose the amount thy are willing to offer. You are also free to either accept the revision and continue, or find a new job where your expectations are met. You need to take your call: Whether to ...


4

You are saying it was not in any contract you signed. I job advert is not part of the contract. Even if it was in the job advert, any court would just laugh at the company making that claim. So you keep hold tightly of the original appointment letter, you inform them as politely as you can that a job advert is never part of an employment contract, and ...


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