Legal Advice on Min Hours in Healthcare

Questioner

I work for a small healthcare organization as a caregiver. I have a permanent contract for 20 hours a week. The past 2 years it has become very quiet and there was not enough work. I have not been able to work all my contract hours (unless I had started working 7 days a week). My overtime has all been used for this and now I have quite a few 'minus hours'. The company has now been taken over (including staff and contracts) and the previous owner now wants me to pay back the hours not worked or to catch up with the new owner. The company does not have its own collective labor agreement and my contract does not mention minus hours, time for time, etc. I understand that we fall under the collective labor agreement for VVT. Is that so? There is also nothing mentioned there about making up hours. In my opinion it is a business risk. There is still not enough work and the new owner is now offsetting the hours not worked with our irregular hours allowance. He says this is allowed but that is not possible?

Lawyer

If you stuck to the schedule and still have minus hours, then you are fine. You do not compensate for hours worked too few and you do not catch up. You can hold the employer to the contract. It is always up to the employer to give you a contract or to renew it. I recommend that you record and file your objections.