Legal advice for hospitality workers
Questioner
I work in the hospitality industry and have a 0-hour contract. I have been called up 5 evenings a week since June 1st and start at 1800 hours. Sometimes I work 4 hours in an evening, sometimes 2.5 hours. This week I had a conversation with the owner, I had read that if I am called up he had to pay me for 3 hours. He is going to do this. Furthermore, all the staff do not share in the tip. This is apparently not allowed and I spoke to him about it. He keeps the tip himself. But would come back to this. In this conversation he indicated that he had said this earlier that he keeps the tip himself and uses it for an aperitif for the guests and that I had agreed to this. A verbal agreement. He also pointed out to me the confidentiality in my contract, I am not allowed to tell the other staff that we are entitled to a tip. Can he demand this of me? Tonight I worked and received a letter of dismissal...my six-month contract will not be extended. But even weirder, I get a schedule for the first time since June. He doesn't call me until November 2nd, while I've been working 5 nights a week since June, except for my week's vacation at the end of August. Is this allowed? What can I do now?Lawyer
Depending on what you want after your contract ends, I would advise initiating something. You can appeal to a contract with the hours you have worked on average in the last three months. The employer may not retain your tips. An agreement to do so is null and void. If you suspect that you can get a new job, I advise you to appeal to the average hours. You can also bring up the tips. If you have the opportunity to stay, I advise you not to make too much fuss. Your employer can then offer you a new contract.Lawyer
If the six-month contract is not extended and the employer has notified you of this in a timely manner, there is little you can do about it. Tip -> you are right and the employer's system is not allowed. Minimum number of hours on call -> you are right. Roster/scheduling -> what the employer does is not allowed and you are right. In the hospitality industry we encounter many bad employers and this is a good example. I advise you to contact a specialized labor law attorney as soon as possible.Neem de volgende stap
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