You ask: I work for a small start-up company and recently have been doing loads of overtime, even up to 14 hours a day. I’m not paid for this and my contract says that I have to do the work ‘to complete the job’, which basically means I have to do it for free. Even though I know if won’t last forever, I’ve been doing 14-hour days for nearly 6 months now and I’m getting fed up. Is there any way I could argue to get paid for the overtime even though my contract says I can’t?
Janet answers: Firstly I’m pleased that you make reference to a contract; at least you have one. Remember a contract is an employment framework. Commercial lawyers draw up the words themselves and the ‘small print’ is rarely challenged by the businesses that employ them. Often you cannot make head nor tail of the wording anyway and need to employ your own legal expert to interpret them. However it is the intention behind the words that is most important here.
It’s easy to misjudge intentions if you do not engage in a suitable dialogue to understand them at the outset. They can also change as a business develops. What’s most important here is that you check in with your employer and make sure that how you are interpreting your contract actually matches what they intended.
You say that ‘recently’ you have been doing ‘loads’ of overtime but you don’t mention why. Do you understand why this additional work has been necessary? As you talk about being ‘fed up’ I’m guessing that you are not clear on this. Therefore I’d suggest a good place to start would be to meet with your manger and find out.
Before you meet with your manager ask yourself whether he/she will be aware that you are fed up with the amount of overtime you’ve been working? I have been involved with a number of start-ups and know that working toward IPO (Initial Public Offering) can be a manic and stressful time. If you haven’t raised this issue with your manager before is it just possible that he/she thinks these hours are OK with you? Maybe your manager won’t even be aware that you are working overtime.
The key to success is not to assume anything, just seek clarification on why the overtime is required. What is the ultimate aim of all this additional work? How long does your manager see this continuing? Are you the only person working these hours?
I have to say that I can imagine many professionals reading this and smiling over your being fed up with working 70-hour weeks. Many will work these hours and more, and will not be paid overtime either. However I’m wondering whether being paid overtime for even some of your additional hours would solve your problem. I think not.
Of course there are other ways in which you might be compensated for these long hours rather than with money; days off in lieu for example or training toward a professional qualification, which would benefit your company as well as yourself. Think outside the box on what other ways you could be compensated for the additional hours you are working. Go prepared to negotiate with your manager.
In the end it comes down to job satisfaction and I think from the phrasing of your question that this is where your problem lies. What elements do you require in a job to provide that satisfaction? Take some time out to explore this and list down each element on a sheet of paper. Don’t take too long over this just write down whatever comes to mind; a kind of personal brainstorm.
Now sit back and review your list. Rank each element in order of importance. If you had one or two in place would this outweigh the absence of others or are they all equally important? Ask yourself honestly how many of these elements exist in your current role. If you’ve been honest I think it unlikely that money will be at the top of your list, if it appears at all.
What can you do to get those missing elements in place? Create an action plan for each and note down the people within your organisation who can influence the outcome.
Having done this how do you feel? Motivated and can’t wait to get going or deflated because you cannot see your plans getting off the ground?
If, having spoken with your manager and got a clear understanding of why your long hours are necessary, you still feel ‘fed up’ then I think it is probably time to plan your exit strategy.
It is at this time that you may want to consult with your own legal expert to ensure you are not locked into any financial agreement that will involve you ‘buying’ your way out. This is essential if you have put equity into the company.
Whatever you do it’s important to acknowledge that you do have options. Once you have done due diligence and understand what they are you are free to choose which is best for you.
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