to move on, or to retract my resignation?

hi all, im chasing advise from anyone who has been in a similar situation, or advise thats just helpful in general from those who have been around a bit longer.

Ill use hypothetical figures for this as an example.

long story short, i had a couple of interviews with a new company because things arent to flash where i am currently. the job was advertised at 60-70k and NOT MARKED as OTE when advertised (on-target-earnings, for those who arent aware). had first interview with dealer principal who confirmed it was 60-70k for a 90 hour fortnight, 7.30-5, no weekends, plus bonuses.

had second interview with service manager who confirmed it was a 90 hour fortnight, 7.30-5, no weekend work, but informed me it was $25 per hour to be exact.

anyway i toddled on home tickled pink that i was offered the job, started filling out paperwork and did some math, turns out that $25p/h over a 90 hour fortnight works out to be $1800 net which equals to be $58500 a year gross, im currently on $1710 per fortnight so i wasnt overly displeased that it didnt meet the minimum of 60k as it was advertised, thinking that maybe the rest was made up in bonuses like he had mentioned, and it was still and extra $100 in the hand a fortnight PLUS bonuses.

but wait, thats not even the best bit. 1.5 weeks prior to me actually commencing my new job i get an email from them with a payslip, i called them and advised them they had made a mistake because i hadnt started yet, but at the same time i noticed it was only 76 hours worth of pay for a 90 hour fortnight!

so i called the service manager and asked him to explain what was going on with the 76 hour fortnightly pay when we are working 90. his response was oh, didnt anyone explain that to you? you get paid a base salary of $1570 ($25p/h) a fortnight for 76 hours and the rest is made up in monthly bonuses and commission if you do well, its the same with the car salesmen. but heres the thing, im not a car salesman, i will be working as a service advisor.

so essentially i need to make $640 a month in bonuses to make it worth me being there for 90 hours a fortnight at $25 per hour,$830 a month to reach the advertised minimum or 60k per year based on a 76 hour fortnight or $280 a month in bonuses to even match what im on with my current employer.

the main reason for me leaving was the 'supposed' pay increase because things have been a bit skint. but now it feels like ive been screwed over twice, once with the actual salary of the job being less than advertised (without having the structure explained to me, and being mislead) and secondly, not getting paid for the hours ill be required to do as standard and the bonuses not being a gauranteed income to equate to my current income and the retainer is $140 less.

my notice was put in last week so i dont have long to retract my resignation (if they will let me), so im stuck between a rock and a hard place as to whether i should gamble on making enough in bonuses to pay the bills, or stay where i am and continue to babysit a senior employee for half the day, and twiddle my thumbs for the other half, for more gauranteed money, even if there is possibly the potential to earn more in bonuses with the new company. Thats IF they will let me retract my resignation!?!

is there some sort of legality to having to advertise as OTE? im yet to sign a contract of employment, havnt got a copy of the pay structure or anything either.
havnt resigned on bad terms.

advice?

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Madmerv's picture

Posts: 672

Date Joined: 24/01/15

In a pickle

Wed, 2015-04-01 04:40

 Mate i'm feeling for you there. The grass looked greener until you got through the fence it looks like.

If you left on good terms then getting experience elsewhere, even for a month, and then going back to your old job will bring new ideas to the company and they should welcome you back. Unfortunatly if your position was critical then it will be filled and you will not get back until it becomes available again. 

The extra money you were after is probably there but you just have to work for it. If you are confident in your own abilities then go for it and push yourself to get the bonus.

Life lesson i tried but failed to get through my own son's head. Dont resign until you have signed the new contract.

Not a hugh help for you there as i dont have any legal answers but mate i really hope it goes well for you whatever you do.

Merv

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Niko's picture

Posts: 213

Date Joined: 26/11/13

 Actually came into a similar

Wed, 2015-04-01 06:27

 Actually came into a similar situation in which i was offered a promotion but would be changing from a wage to a salary with bonus potential. i was doing alot of overtime at the time and they still expected me to do so but only get paid the base salary which felt like i was going to work for nothing at times. Im also in a dealership not a service advisor though. When i sat down for the run down on bonus etc i found i would've been getting less outright pay for the hrs i would be doing but the bonus system was geared quite well and in turn if i or the dealership doesnt do well for the year id be still breaking even in wage plus a car and fuel so slightly better off. But if we do well a decent payrise. It took some getting used to but im glad i went that way now. Also worth remembering ur starting in a new role or place theres always time to prove ur worth and increase ur base salary or bonus plan by proving ur worth more. Bonus systems in every dealership will be different but there deffinately plenty to be had. Hope this helps

z00m's picture

Posts: 1086

Date Joined: 10/05/14

 A good question to ask the

Wed, 2015-04-01 07:47

 A good question to ask the new place is how many months in the last 6 months have the bonuses been paid? Things are on the go slow a bit so it would be a good indication of how likely the bonuses will be paid.

turtl3tim's picture

Posts: 203

Date Joined: 01/01/15

 Im still with my current

Wed, 2015-04-01 07:48

 Im still with my current employer for a few more days, and i have a feelig they dont want me to resign, and i have signed paperwork with the new joint but there was nothing in black and white outlinig the pay situation, working hours, probation or anything yet, i have a feeling i will get that on the day.

My mates been in car yards at a high level for many years so i will pass on the structure to him for advice aswel. Just feel screwed over by not havog certain details disclosed to me. And that feeling of not havog a gauranteed income makes my stomach churn. I have no doubt i can make the target but its a relatively new dealership so im not sure what their service flow is like.

I had the job before i handed my resignation in but now that these issues have become apparent i dont know whether to grin and bare it, or stick to the devil i know. I would never quit before securing a new job unless it was an emergency of some sort.

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bradz's picture

Posts: 693

Date Joined: 29/10/07

Good terms

Wed, 2015-04-01 07:53

 If you are still on good terms with the current boss I would stay. 

If the new employer is that bad at disclosing simple stuff like your pay and hours then I would be worried about what else they may choose not to tell you.

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tim-o's picture

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Yep

Wed, 2015-04-01 09:17

 

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 Agree with Timo also

Wed, 2015-04-01 12:21

 

Agree with Timo also

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hezzy's picture

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Date Joined: 27/11/09

agree with bradz above.... if

Wed, 2015-04-01 08:31

agree with bradz above.... if possible sit down with your current manager and say you had reconsidered leaving , you like your current company , ask the question if they would be ok to trash your resignation

pretty sure they would do it in a heart beat,if youve been agood employee and have a good relationship with them

other thing is , now even before you start with the new company you sound resentfull of them ,while its understandable , thats not a good thing , or attitude to have when starting a new job etc

good luck
hezzy ,

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uncle's picture

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Date Joined: 10/02/07

Ditto

Wed, 2015-04-01 12:20

  Can't be any trust there

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thinking

Wed, 2015-04-01 11:08

the way it sound is that you have to work 90hrs a week with only a guranteed pay of 76 hours a week and you have to make up the shortfall with performance based bonuses,i would never dream of signing a contract like that,sound like you might be better staying where you are.might be time for a little fishing holiday and go back to the old job with a new mindset.

sarcasm0's picture

Posts: 1396

Date Joined: 25/06/09

Pretty sure that is illegal.

Wed, 2015-04-01 11:59

 If they want you to work 90 hours a fortnight then they have to pay you for 90 hours. They cannot expect you to 'top up' your pay to 90 hours with a bonus scheme that you may or may not get. A bonus should be for performance and above your standard wage, not part of.

Edit: www.fairwork.gov.au/pay

Employees have to be paid the right pay rate for all hours they work, including time spent:

  • training
  • in team meetings
  • opening and closing the business
  • doing a trial shift.

As the maximum hours to be worked per week is 38 x 2 = 76 any hours worked past this should pay penalty rates for overtime. If they want to pay a bonus scheme on top of this that is their choice but you should be paid for all hours at work as a wage to begin with and then penalty/overtime for anything past 38 hours per week.

Bryan

 

Posts: 1522

Date Joined: 09/03/13

Don't think it wold be

Wed, 2015-04-01 12:35

Don't think it wold be illegal ....the way they get out of it is $25/hour is over award wage ...depending on which award I guess .....

havn't done the maths but divide your wage by hours ...add in your overtime and I assume you would still be (close to but) above award wage.

turtl3im: I tend to agree with Keg and not like this setup but obviously don't know your financial status..

I've only generally had positions of contract where everything was subject to negotiation ....have you actually sat down with your old employer and discussed the possibility of a wage rise?

sarcasm0's picture

Posts: 1396

Date Joined: 25/06/09

Then its pretty dirty...

Wed, 2015-04-01 12:42

Im struggling to find the advertising standards for job vacancies re wages.

However they would basically be advertising the job at 25$ and only paying minimum wages and expecting you to work longer hours to make up the shortfall. Not really fair play.

 

Posts: 1522

Date Joined: 09/03/13

absolutely ...I agree.

Wed, 2015-04-01 12:48

absolutely ...I agree.

However it would also depend on if there is the ability to go above and beyond the stated bonus.

turtl3tim's picture

Posts: 203

Date Joined: 01/01/15

 Their attitude is that

Wed, 2015-04-01 13:29

 Their attitude is that everyone is on a level playing field and will be payed the same. Which is a croc because one of the youner guys who recently got put onto adult wages is paid less than the rest of us, who are on an equal pay

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turtl3tim's picture

Posts: 203

Date Joined: 01/01/15

 Im still waiting on the

Wed, 2015-04-01 12:12

 Im still waiting on the bonus/commission structure to be emailed to me. Even if i get commission based on labour hours going through the workshop, and bonuses based on upselling service items and cs reviews it still doesnt seem right.

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