See all information about working hours in hospitality.
If you work in hospitality, irregular working hours are naturally part of the job, but you do have the right to know your schedule at least three weeks in advance. Is your employer not informing you on time? Here’s what you can do about it!
In the CLA hospitality, it is stipulated that your employer must announce the schedule at least three weeks in advance. Once your schedule is known, it cannot be changed just like that. If your employer wants to change the schedule, there must be a compelling business reason. For example, if several colleagues have fallen ill and you need to cover for them. This always happens in consultation with you.
If your employer changes the schedule and it doesn’t suit you, discuss it with your employer to find a suitable solution. Simply not showing up for work is not wise. This can result in work refusal and can have far-reaching consequences for you. If you have a good reason not to be able to work on a certain day or time, a lawyer can weigh the interests. The employer’s business interest is then weighed against your personal interest. Who is ultimately justified depends on the circumstances.
NOTE: if you are an on-call worker, there is a call-up period of at least 24 hours. If your employer calls you up on time, you must, in principle, respond to the call. If your employer calls you up less than 24 hours in advance, you may refuse the call without consequences.
Want a day off on Sunday?
According to the law, you are entitled to 13 free Sundays per year. This means your employer can require you to work 39 Sundays per year. If you are covered by the CLA hospitality and want a weekend off, you can request time off as an employee. Your employer must grant this request if you have worked at least 39 Sundays in a consecutive 12-month period and the business conditions allow it. This does not mean you must have worked 39 Sundays before you are entitled to a free weekend!
Stand-by duties
Does your employer use stand-by duties? This is only possible for on-call workers; otherwise, your employer must announce the schedule at least three weeks in advance. For on-call workers, a stand-by duty must be confirmed or cancelled at least 24 hours in advance. If your employer does not comply, they must pay you for the day. If you have a schedule without an end time, your employer must pay for the whole day in principle. As an employee, you have the right to a clear schedule with a start and end time.
What can you do?
Are you experiencing a lot of schedule changes, or is your schedule not announced on time? Address this not only on your own but together with your colleagues to your employer. Also, put something in writing to prove that you have reported it.
If you have any questions or want advice, feel free to contact us easily.