Zero Hours in Disguise..?

[BeeGT]

My son has his first “full time” job offer. The contract states an hourly rate, not an annual salary, and makes reference to “you are expected to work a minimum of 40 hours per week”.

Does this last statement represent a commitment from the employer to provide 40 hours of work?

It advises:

“There is no normal working pattern… …you are expected to work for at least 40 hours per 5 day working week… …the days you are required to work and the number and timing of working hours may be varied from time to time. Hours above contracted hours will be paid at standard hourly rate or given back as time off in-lieu. “

I was expecting to see a clear definition for “contracted hours” but there isn’t one.

If he is only provided with 25 hours of shift work then is the employer in breach if they only pay for 25 instead of the 40 he is expected to work.

Thanks in advance.

[fat80b]

BeeGT said:

My son has his first “full time” job offer. The contract states an hourly rate, not an annual salary, and makes reference to “you are expected to work a minimum of 40 hours per week”.

Does this last statement represent a commitment from the employer to provide 40 hours of work?

It advises:

“There is no normal working pattern… …you are expected to work for at least 40 hours per 5 day working week… …the days you are required to work and the number and timing of working hours may be varied from time to time. Hours above contracted hours will be paid at standard hourly rate or given back as time off in-lieu. “

I was expecting to see a clear definition for “contracted hours” but there isn’t one.

If he is only provided with 25 hours of shift work then is the employer in breach if they only pay for 25 instead of the 40 he is expected to work.

Thanks in advance.

What’s the job?

Probably slightly different interpretation depending on if it is a software engineering job or a delivery driver.

Assuming it’s more like the former,

I read it as : you’ll be paid for 40 hours and work them spread across the 5 days.

Check out employee reviews on glass door for more information on what actually happens

[dudleybloke]

No overtime rate.

[NordicCrankShaft]

I work in hospitality and one I frequently see is "due to the fluctuating needs of the business" so that come January and February they can cut their labour right back and Roger their staff. Disgusting practice.

[lizardbrain]

NordicCrankShaft said:

I work in hospitality and one I frequently see is "due to the fluctuating needs of the business" so that come January and February they can cut their labour right back and Roger their staff. Disgusting practice.

How do more reputable employers deal with the seasonality issue?

[StevieBee]

NordicCrankShaft said:

I work in hospitality and one I frequently see is "due to the fluctuating needs of the business" so that come January and February they can cut their labour right back and Roger their staff. Disgusting practice.

It's not disgusting practice. It's common practice and one known and understood by anyone wishing to enter into to that sector.

A business can only pay staff if there is revenue being generated. A hospitality business could end up spending its annual profit paying its staff to do nothing rendering the business unviable. So instead of staff having a 10-month job they have no job.

[parabolica]

dudleybloke said:

No overtime rate.

Yes there is; @ 1x normal wage or TOIL.

BeeGT said:

Hours above contracted hours will be paid at standard hourly rate or given back as time off in-lieu. “

What you've written OP doesn't strike me as Zero hours; the contract is stating a minimum of 40 hours must be worked; a ZHC wouldn't state this. Odd they haven't listed the start finish times as you were expecting, but it's possible they have flexible starting and finishing times as long as core hours are covered and 40 hours a week are met.

[TwigtheWonderkid]

I have a zero hours contract. It's brilliant. They call me when they need me, and if I can't do the hours they want, that's fine too. No hard feelings, and I'll get a call next time. There's no problem with zero hours contracts per se. There's a problem with crap employers, who think they can leave you without work when it suits them, and then threaten you with punishments if you can't work when they want you to. And there's a problem with people who actually need the job to pay essential bills, being forced into zero hours contract work because there's nothing else available.

[GT03ROB]

TwigtheWonderkid said:

I have a zero hours contract. It's brilliant. They call me when they need me, and if I can't do the hours they want, that's fine too. No hard feelings, and I'll get a call next time. There's no problem with zero hours contracts per se. There's a problem with crap employers, who think they can leave you without work when it suits them, and then threaten you with punishments if you can't work when they want you to. And there's a problem with people who actually need the job to pay essential bills, being forced into zero hours contract work because there's nothing else available.

I thought you were retired though Twig! Kind of makes a difference! Zero hours contracts are great for that situation when you are just looking to top up a pension or to get some extra beer money in!

[goldieandblackie]

So true and thats also why you see these crappy employers crying when they can't get staff.

[TwigtheWonderkid]

GT03ROB said:

TwigtheWonderkid said:

I have a zero hours contract. It's brilliant. They call me when they need me, and if I can't do the hours they want, that's fine too. No hard feelings, and I'll get a call next time. There's no problem with zero hours contracts per se. There's a problem with crap employers, who think they can leave you without work when it suits them, and then threaten you with punishments if you can't work when they want you to. And there's a problem with people who actually need the job to pay essential bills, being forced into zero hours contract work because there's nothing else available.

I thought you were retired though Twig! Kind of makes a difference! Zero hours contracts are great for that situation when you are just looking to top up a pension or to get some extra beer money in!

Exactly my point. Zero hours contracts are great. For the right people in the right position with a decent employer. I hear talk about outlawing them.

[pherlopolus]

It will either be a "Worker" Contract or "Employment" Contract. It should say which one.

Worker is the equiv of the Zero Hours and is for Casual staff, Employment would be a full employee who may have variable hours but a defined role.

[BeeGT]

Thanks to all. It's a hospitality sector job, he's since spoken with the HR team and they've confirmed that it is a 40-hour week employment contract.

[Jasandjules]

BeeGT said:

It advises:

“There is no normal working pattern… …you are expected to work for at least 40 hours per 5 day working week… …the days you are required to work and the number and timing of working hours may be varied from time to time. Hours above contracted hours will be paid at standard hourly rate or given back as time off in-lieu. “

I read that as we want you to work 40 hours a week but sometimes you may be starting at 8am, sometimes maybe 10am or later and some days you might finish at noon and others at midnight....

In other words they don't know when the work will be required as such but want flexibility, but still the 40 hours.

[RedAndy]

knowing that on busy days like when they have a wedding, you will do 8am-1am straight through, and another wedding tomorrow is another 8am-1am shift, then a day off, then a splitty: 8-10 breakfast shift, 5-9 evening shift, on Saturday its a PM shift from noon til 8, then Sunday they only want you for an hour to mop up the sick at 11pm.

so that'd be 17 + 17 + 0 + (2 + 4) + 8 +1 = 49 hours. spread across silly times, such as the splitty: if your hotel is in the middle of nowhere you cant get home/do owt else so gotta just hang around 7 hours being unpaid and bored. And on that sunday there is no bus so you have to get a taxi at £20 each way to cover your 1 hour shift that earned £10 before tax.

but you agreed to be that flexible, grunt!

Hospitality is great. no really I love it, but it can be a right PITA too