Hospitality Employment Law: Get Free Legal Advice


Questioner

I am a catering manager at a holiday park I have a collective labor agreement for recreation. my contract is a job contract It says that I have to work an average of 38 hours. The company only allows me to work 8 hours a week. My employer now requires me to give up my age-related hours, so I have to supplement 30 hours per week with my saved age-related hours. I always draw up my own contracts for my staff, and they are either a 38-hour contract or a WAB contract. but I have a different contract. But I get to work a lot in the summer and less in the winter, but I always get the same salary. So I don't get any plus or minus hours. So in 8 years when I worked less, I never had to top it up. I work more than 38 hours a week throughout the year. Are they suddenly allowed to do this? So I'm now using my saved age hours. If I don't want this myself I look forward to your answers.

Questioner

In principle, the employer is not allowed to do this, unless it is stipulated in the collective labor agreement or employment contract. If you have to work fewer hours, this is the employer's responsibility, and you are entitled to 38 hours of continued pay. This cannot be offset against your age-related hours. The employer can, however, ask you to work fewer hours due to the coronavirus, in which case they will be eligible for the NOW (New Employment Scheme) benefit. If you cannot reach an agreement and a legal dispute arises, please contact me immediately for consultation.

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