Legal questions about contracts and salaries

Questioner

Hello! I have a question about my contract/salary calculation. I work 21 hours a week (this is of course never the same number of hours per month) My gross monthly salary is €1128.40, so €12.40 per hour. So if I understand correctly, it is calculated like this: 21 hours per week x 52 weeks per year : 12 months = 91 hours per month According to my boss, I have to work 7 extra hours in September (according to my schedule I only work 84 hours). In October (when I work 105 hours according to my schedule) I will be paid for those extra hours. In my opinion, these differences in hours have already been calculated by taking the average of 91 hours. Is this correct?

Lawyer

You should assume the actual number of hours worked. If you work 21 hours per week according to your contract, you are entitled to this. On a monthly basis, you will indeed arrive at the calculated number of hours of 91. If you are paid per month, your boss is right and 91 hours are assumed. In September, you worked less and will have to catch up. If you cannot reach an agreement, I would be happy to look at your case.

Questioner

But I can't help it if I work fewer days according to my regular schedule, can I? I calculated that I have to work 156 days of 7 hours a year, which would give me exactly 91 hours per month, but as an average. Then it wouldn't matter whether one month it was 84 hours and the next month it was 105. Seems a lot more convenient to me than calculating per month, since I have fixed working days. Do you get my point?

Lawyer

I understand your point. You should assume an average and you should stick to that. Hours that you were unable to work are the employer's responsibility and should be paid accordingly. You are entitled to the agreed number of hours (91 on average).