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!
The CLA hospitality stipulates 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.
Is your employer changing the schedule and it's inconvenient for you? Discuss with your employer to find a suitable solution. Simply not going to work is not advisable. This could be considered refusal to work and could have serious consequences for you. If you have a valid reason for not being able to work on a certain day or time, a lawyer can weigh the interests. The employer's business interest will then be weighed against your personal interest. Who is ultimately justified depends on the circumstances.
PLEASE NOTE: if you are an on-call worker, there is a minimum notice period of 24 hours. If your employer calls you in on time, you must in principle respond to the call. If your employer calls you in less than 24 hours in advance, you may refuse the call without consequences.
Want a day off on a 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. Are you covered by the CLA hospitality and want a weekend off? Then you can request time off as an employee. Your employer must grant this request if you work (or have worked) at least 39 Sundays in a consecutive 12-month period and the business circumstances allow it. This does not mean you must have worked 39 Sundays before you are entitled to a free weekend!
Stand-by shifts
Does your employer use stand-by shifts? 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 shift 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, it generally also means your employer must pay for the whole day. As an employee, you are entitled to a clear schedule with a start and end time.
What can you do?
Are you experiencing a lot of issues with schedule changes or is your schedule not announced on time? Address this not only by yourself but together with your colleagues to your employer. Also put something in writing, so you can prove you have reported it.
If you have further questions or need advice, feel free to contact us easily.