Legal questions about employment contracts | Legal advice centre


Questioner

I work in the local hospital. Here I have a full-time contract of indefinite duration. By contract I have to work 36 hours, but this is standard for full-timers 40 hours. From January 1st I have to take these extra 4 hours once every 2 weeks by staying home for 1 day. My question is whether this is allowed. I have the feeling that this is easier for the management to make fixed schedules. I also wonder whether this can be arranged per department in a hospital or whether this applies to the entire hospital.

Lawyer

If you have been working for a few months, you are entitled to an employment contract with that number of hours. Based on the CAO, there is no exception to this. The Hospital Regulations are important. I would like to review them.

Questioner

I have been working here for 13 years. Starting next year, we will have to take this every 14 days. Up until this year, this was freely available. Due to a merger, which is making the department larger, it has become more difficult to schedule these hours freely and create schedules. This is just for additional information.

Lawyer

When you apply for a permanent contract, your employer is bound by your 40 hours. He cannot then demand that you do not do any work.

Questioner

I think we are going a bit past each other. I have a 36-hour contract according to the collective labor agreement. However, we work 40 hours. I have to compensate for these extra 4 hours as a fixed mandatory day of leave once every 2 weeks from next year. So I will then end up with 72 hours net per 2 weeks. This is in accordance with the collective labor agreement. My question now is whether my employer can oblige me to do this every 2 weeks on a fixed day or whether I can take this off, as is allowed until December 31, 2016.

Lawyer

I think there is a reason to file an appeal. Based on the CAO, nothing is laid down about this. Also, nothing is provided for in the Regulations. With the collective labor agreement you can claim compensation in hourly wages or even request a vacancy. If I understand what you mean, the law provides a basis for sending your employer a request for adjustment.

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