Many employees in the hospitality sector work with a zero-hours contract. But what does that actually mean for you as an employee? What should you pay attention to and what are your rights?
I often receive calls from employees with a zero-hours contract who are concerned about their legal position regarding pay, holiday rights, continued payment of wages during illness, maternity leave, etc. They often, mistakenly, assume that with a zero-hours contract they have few or no rights. For example, they believe they can be sent home without notice because no hours have been agreed upon or that they have no right to continued payment of wages if they fall ill.
However, what employees often do not know is that when the employment contract has lasted longer than three months, it is legally considered to be a contract equivalent to the average work per month over the past three months.
For example:
If you have been working with a zero-hours contract for four months and on average work 20 hours per week, and then you are scheduled for five hours per week, you can object to this. You must make yourself available for 20 hours, and your employer is obliged to pay you for these 20 hours. This is because there is a legal presumption of a contract for 20 hours per week.
Pay
Of course, with a zero-hours contract, you generally receive the same pay as your colleagues with a contract in which a certain number of hours are agreed (naturally depending on your grading and age). I will discuss continued payment of wages during illness and holiday rights in the next blog.
Do you have any further questions? Contact us.