Legal assistance for on-call services in hospitals
Questioner
I work in a hospital. The hospital has decided that we have to work 12-hour on-call shifts. The law states that you are not allowed to work for 11 hours before and after such an on-call shift. Of these 12 hours, only 6 hours are 'compensated'. The days that we are required to be off are booked as a day off. I work 3 consecutive days. My days were agreed upon verbally (7 years ago). So if I were to do 1 on-call shift per week, I would be short of hours (27-9-9+6= 15). To what extent can my employer force me to work on other days to make up for this 'shortfall'? And can my employer force me to work an on-call shift on my 'days off' so that I can get those 11 hours of rest in 'my own time'?Lawyer
In principle, the entire presence service is abreast time. That means that you are appealing for 12 hours of salary. I advise you to submit that to your employer.Questioner
Thanks for your response. The hospital relies on 2 things in the collective labor agreement for hospitals. Namely: the collective labor agreement contains a clear compensation (+/- 1/18 part of an hour) for attendance services. And the collective labor agreement states that you must be paid for work hours performed in full accordance with your salary scale. The hospital claims that attendance on duty does not fall under the heading of PERFORMED work hours. In other words, it is work hours but not performed (after all, you do nothing) work hours. In this case, does the collective labor agreement prevail (regulatory law). Or is there mandatory law with regard to working hours?Lawyer
In any case, I recommend that you record the working hours. The court has stated that the on-call service is entirely working time. I will investigate the consequences of this for booking and what this means for your hours.Lawyer
The on-call service is full working time. What is regulated in the CAO has nothing to do with that. I recommend that you draw up a request for this.Neem de volgende stap
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