Hospitality contract questions? Get free legal advice!

Questioner

I have a question about a contract, I work in the catering industry and have a permanent contract of 32 hours per week. Now I have requested an adjusted availability for 2 days in that week. We are open 24 hours a day and I only asked if I could work on Friday until 8:30 pm and stay there from 5:00 pm on Sunday and Monday to Thursday from 7 to 7, so I thought I was available for enough hours and yet I was only scheduled for 17 hours in that week. Now my question is, is this allowed or does my employer still have to pay me for 32 hours in that week without this costing me extra hours? My schedule is variable, different times and days every week.

Lawyer

From your question I gather that there is a communication problem between you and your employer. You have requested a (temporary) adjusted availability, but wanted to work your full contract hours, while your employer has interpreted your request as a leave request. From your question I cannot tell whether the week in which you are only scheduled for 17 hours is in the future or the past. Suppose it is next week, or another week in the future, my advice is that you send an email to your employer immediately, in which you explain that he has misunderstood your request and that you are indeed available for 32 hours and are prepared to accept work for 32 hours. With that (with such an email) you are entitled to wages for 32 hours, without it costing you vacation days. Suppose it concerns a week in the past, then the question 'whether you are entitled to wages for 32 hours' cannot be answered based on the above information. It is then important to know how you requested the adjusted schedule and how you responded after receiving the 17-hour schedule.

Questioner

it concerns the schedule of this week but I know enough about this I have a contract of 32 hours per week and have worked an average of 130 hours this month so if it is correct it is then compensated with the other weeks in but because if you calculate it over 4 weeks it is 128 hours so I still arrive at the average of my hours