Does your employer often change your schedule in the hospitality industry?

Based on the schedule, you know when you have to work, when you have rostered time off, and when you have holidays. This way, you can also plan personal appointments. But what if your employer keeps changing the schedule? Is this allowed?

Your schedule is initially not part of your employment terms and can therefore change. Of course, you can establish agreements about your working days and times in the employment contract. Recorded agreements form part of your employment terms. The employer must consider the Working Hours Act when creating the schedule, which specifies the maximum working hours and minimum rest periods. To some extent, the employer can also take into account the personal circumstances of employees.

According to the legal regulation, the schedule must be announced at least four weeks in advance. In the CLA hospitality, it is stipulated that the schedule must be announced at least two weeks in advance. Once the schedule is known, it cannot be changed just like that. To change a schedule, the employer must have a compelling business interest, for example, if a few colleagues have fallen ill, requiring you to cover for them. This is done in consultation.

If the schedule is changed and it doesn't suit you, you must discuss with your employer to reach a suitable solution. Simply not going to work is not advisable. This can result in work refusal and can have far-reaching consequences for you. If you have a good reason for not being able to work on a certain day or time, a lawyer can conduct an interest assessment. The employer's business interest is then weighed against your personal interest. Who is ultimately justified depends on the circumstances.