If you don`t feel comfortable talking to your manager, you`ll find someone else in the company in a position of authority. If you think your employer has unreasonable expectations about how much work you should do, you can ask them to reduce your workload. Dismissal and short-term work are usually short-term situations that are due to the difficulties of the company. It may be that there simply isn`t enough work to walk around, or the company is struggling to pay its employees. Seeking legal advice can help you understand your rights under your contract and the law and what options you have to assert your rights. All employees, regardless of the number of hours they work each week, have the right to receive a written statement from their employer within 2 months of the start of work. The declaration must describe the main conditions of the employment contract. If you perform a lot of tasks outside of your job description, you can ask your supervisor to prioritize them and give up anything that isn`t at the heart of your role. However, your contract may contain clauses that only apply during your trial period and are less favorable than those that apply after the expiration of your trial period. These Terms shall not deprive you of your legal rights. In some companies, there may also be an agreement between the company and a union stating that the company does not have to pay employees for layoff periods. However, this agreement must be included in the employment contract for it to be contractually binding. You could also argue that failure to comply with your contractually agreed hours constitutes an implied termination that causes you to resign, for which you can take legal action in the Labour Court.
Whatever you decide, you don`t have to do it alone – you can always get help from the advice of your next citizens. Your “salary reference period” depends on your salary agreements. For example, if you are paid daily, it will be a day, if you are paid every week, it will be a week, and if you are paid monthly, it will be a month. (For tips on how to sue your employer in an employment court, read our article: Labour Court (Action against your employer)) If your contract says you have mandatory overtime, but it`s “not guaranteed,” your employer doesn`t have to offer overtime. But if they do, you have to accept it and change it. Your employer may discipline or fire you if you don`t work the overtime you accepted. Find out what you can do if your employer takes disciplinary action. Your contract may stipulate that you must work “a reasonable amount of overtime” from time to time.
Overtime can be: A contract of employment sets out the terms and conditions that both the employer and the employee must meet during the period of employment. This includes contract hours, which are the minimum an employee is expected to work and be paid. But what can an employee do if the contractually agreed hours are not respected? Is this allowed under the employment contract or can it be challenged with the employer? Every year in February, the TUC argues against unpaid excessive overtime with Work Your Proper Hours Day to mark the fact that unpaid overtime for the average worker is equivalent to not being paid for the work they have done since the beginning of the year to date. If you do not have an explanation, your working hours may be indicated as follows: Unless your employment contract expressly allows unpaid or reduced layoffs or short-time working, or you agree to a reduction, your employer is not legally entitled to reduce your salary. You will need to attempt early ACAS arbitration before filing a claim with the Labor Court to recover your unpaid wages within 3 months less than a day of the violation. However, claims for breach of contract can only be brought before an employment court if your employment relationship has ended. If you are not paid by the hour, your employer may be able to reduce your salary. If you are laid off or put on short-time work, you should always check your employment contract to see if you are allowed to do other work, for example.
B take another job with another employer while working reduced hours, unless your contract expressly prohibits it. To be entitled to dismissal, the employee must have worked for the employer for at least two years. They would also have to prove that they earned less than half of their normal salary during the period of dismissal or short-time working. Unless you have agreed to work less than .B hours, for example by agreeing to a shift change with a colleague, your employer is required to give you at least that number of hours of work or to reimburse you if your contractually agreed hours are not respected. The ACAS stipulates that an employee`s hours of work must be clearly stated in their contract. The contract must include not only the number of hours worked, but also the days on which an employee must work. Any changes to either of these two contracts should result in the modification and reissue of the contract to the employee. Contract hours, as we have seen, are the hours that an employer must make available to an employee. In reality, it may not be the number of hours they actually work. Things like vacation and illness can reduce the number of hours actually worked.
And overtime can increase the number. Some contracts include mandatory overtime; This means that an employee has to work overtime in certain situations. At other times, overtime is optional and may even be encouraged in one way or another. .