Old 05-06-2012, 17:34   #1 (permalink)
Dan_Dan249
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Is this legal?

Ok so I just got a summer job with a company that sets up market stalls around the various markets of London selling tea.

It's pretty fun so far as I'm getting to work in the various markets of London as well as sharpen up my cockney accent *ello sweet 'eart - 3 bigs bags of tea for a nicker* etc but the way this company pays it's employees seems to be - well - suspect at a minimum.

It's earnings based on sales. So if I sell £500 worth of tea I take away about £140 a day. Wonderful. Only thing is - If I don't hit my target for the day (like I didn't yesterday for the jubilee - Spitalfields market was empty) then I only get £40. Now I ended up working for about 11 hours all in all.

How is that even legal? It works out to less than £4 an hour. This company has been up and running for 8 years or so. And on the positive side if I do sell a lot of tea (which is entirely possible on the right day at the right market) then I make a shed load of cash.

But still. Is this not illegal? I've wanted to ask them that but of course don't want to seem unenthusiastic.
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Old 05-06-2012, 17:52   #2 (permalink)
steveb
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It's probably legal. Thatcher did away with workers' rights. There was a bit of a kerfuffle with the miners about it, if I remember correctly.

You need to work on your Cockney. You should sound like this "'Ello swee'ear', free big bagsatea fra nicka". The "ck" in nicka sounds almost like a g. Try not to pronounce as much of the ck as you can without omitting it entirely, otherwise they'll think you're saying "knitter".
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Old 05-06-2012, 17:57   #3 (permalink)
drik
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Quote:
Originally Posted by steveb
free big bagsatea fra nicka
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Old 05-06-2012, 17:59   #4 (permalink)
steharg
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Considering there were unpaid stewards who had to sleep under london bridge then at £40 minimum per day you should count yourself lucky!

Call for inquiry into use of unpaid jobseekers as jubilee stewards | UK news | guardian.co.uk
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Old 05-06-2012, 18:02   #5 (permalink)
steveb
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That is soooooo despicable that heads should roll. Absofuckinglutely unbelievable.

Nothing will come of it though until the revolution.
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Old 05-06-2012, 18:07   #6 (permalink)
steharg
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Shocking in this day and age isn't it - no doubt part of Cameron's big society bollocks.

governments should roll never mind heads!!
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Old 05-06-2012, 18:23   #7 (permalink)
Dan_Dan249
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I hear that. It's just when I bring my calculator out and work out that I'm getting less than minimum wage that I start to wonder if I should start stealing these wonderful little bags of tea.

Vive le revolution.

p.s Steve - I actually descend from Cockney's. Luckily I've done away with their dreadful accent. I reserve it only when I'm back with my family. Or in Essex (where most of them hail from/live)
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Old 06-06-2012, 09:43   #8 (permalink)
gotnousername
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Selling Tea in Spitalfieids today?
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Old 06-06-2012, 09:49   #9 (permalink)
d*d
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It's legal because you're probably technically not working for them as an employee

I sold keychain calculators, shaving kits, atlases, screwdriver sets all over Toronto for a company like that - I could charge what I liked and the goods were sale on return

demoralising, long hours and sneaky sales tactics - I hated it
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Old 06-06-2012, 12:56   #10 (permalink)
seen.to
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Commission only jobs are completely legal, as are those which are performance related.
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Old 06-06-2012, 21:27   #11 (permalink)
Dan_Dan249
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Quote:
Originally Posted by d*d
It's legal because you're probably technically not working for them as an employee

Well I just finished my first shift in one of their shops today. Defo an employee. But no contract -either as of yet or just ever...there's been no mention of one, but could just be a bit early.

Quote:
Originally Posted by seen.to
Commission only jobs are completely legal, as are those which are performance related.

Yes I understand that commission based as well as performance based jobs are legal. My real concern/question/interest is - Doesn't that commission and performance related pay have to be also attached to a minimum wage? So that yes - you get commish but you also get paid an hourly rate. Because I'm sure I remember something to do with a change in the law regarding those waiters who only get paid in tips also having to receive a basic hourly rate.

Quote:
Originally Posted by gotnousername
Selling Tea in Spitalfieids today?

Nah - Not sure when I'll be back there next - Why? You need tea? I got the hook up. Some fookin' nice flavours I might add. I used to only be a builders styley tea drinker before joining them last week. Eyes opened and all that. I'm slowly working my way through all their offerings.

I'm working another shift on Friday and then Sunday at the shops. I've had mixed reactions as to whether this is legal or not. I need to ask someone at the shop I reckon.

Oh and to add insult to injury (or I should say - to add juicey exclusives to the investigative journalism piece I'll be selling to a thrashy paper fingers crossed) it turns out we ran out of soup today in our Goodge st store. What did the manager do? Only call the local soup kitchen set up by the local church to help the local homeless. Only know that cos I heard the bloke's name who works at that soup kitchen being said by the manager and I happen to know that bloke cos one of my family works as the handyman for the church in question.

Man - I'm fucking on to this lot. Big time.
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Old 07-06-2012, 09:37   #12 (permalink)
gotnousername
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I'll see you Friday for free tea then.
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Old 07-06-2012, 10:24   #13 (permalink)
Matt_e11
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cash in hand?
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Old 07-06-2012, 10:27   #14 (permalink)
Rawiri
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If Dan Dan's getting all Cockney on us then it should be "lady's in the back bin" rather than "cash in hand"
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Old 07-06-2012, 19:15   #15 (permalink)
gotnousername
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Originally Posted by Matt_e11
cash in hand?


No, just my "I'm a cunt" cup.
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Old 07-06-2012, 19:16   #16 (permalink)
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Old 08-06-2012, 13:34   #17 (permalink)
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Sounds shit, but if the target is realistic then £140 a day is more than I earn. No doubt it is cash in claw too, so you won't be paying tax, so I wouldn't moan too much about your contract or rights.

You could always get a proper job.
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Old 08-06-2012, 13:58   #18 (permalink)
calder12
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Most commission based jobs have a shit base rate, it separates the good sales people from the shitty ones. If the base rate was a good pay cheque the company would end up with a bunch of slackers sitting on their collective asses doing fuck all to increase sales.

The base rate is intended to cover your costs and make sure you don't actually work for free. It's entirely legal as is straight commission where you make no base rate at all. The point is you can make substantially more than the average person in commission based sales IF you work hard and are good at it, if you aren't then the position isn't for you and honestly the company doesn't actually want you doing it.
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