Part-Time Workers

kmart6

I know this may be the totally wrong thread so I have no prob with it being moved by the Mod's!

I work in a restaurant that is part of a Hotel. We're open New Years Eve,a Monday,we are never open Monday's,our week is Wednesday to Sunday.
Now I'm part-time and when I started working there over a year ago I agreed to only Fridays and Saturdays,I do work extra though but only when I'm needed and it does suit me.

I told my manager that I wasn't working New Years Eve,which he had no problem with,when he told the HR Dept. this they basically threatened me through him by saying that if I do not work I'll be fired!!!

Surely there is some legal issues here! Anybody got any info on it?!

Plan on ringing the Dept of Enterprose,Trade and Employment tomorrow when I get a chance!

leninbenjamin

work and jobs forum would probably be the best spot. I believe though part time or not, as you have been working for over a year you have the bulk of the same rights as any worker when it comes to dismissal. Unfortunately i've no idea what those rights are so can't be of much help. hope it works out though. sucky employers suck.

Rb

If you've got it in a contract that you'll only work X days per week, then by all means point that out to them and recite some contract law.

Otherwise, this is standard stuff for part-time staff.

kmart6

I don't think I have it in my contract the fact I'd only work those days,but it's a general known fact by all manager's I'd be involved with! Also the fact for the last 14 months I've worked Fri and Sat kinda indicates a pattern!

Rb

kmart6 wrote: »

I don't think I have it in my contract the fact I'd only work those days,but it's a general known fact by all manager's I'd be involved with! Also the fact for the last 14 months I've worked Fri and Sat kinda indicates a pattern!

Did they say anything such as "All part time staff are required to work X over Christmas/New Years"? And if so, did you give them two weeks notice you wouldn't be available?

Also, why not work it?Good tips to be made that day I'm sure.

Sangre

This thread is pointless without knowing what your contract states.

Mossy Monk

Quit your job. That will learn them.

kmart6

This is what it states exactly about working hours...

Due to your employment being on a casual basis,your hours of work will vary depending on business levels. A certain degree of flexibility will be expected particularly with respect to business levels, where you may be asked to work. Your normal hours of work will be directed to you by your Head of Department. From time to time it will be necessary to change your hours at short notice to suit business needs, but wherever possible, we endeavour to give you 24 hours or as many hours notice as possible

Tip's will also be crap as it's not exactly what I call vusy,only 50 or so,not worth it!

Sangre wrote: »

This thread is pointless without knowing what your contract states.

Well sorry if at 2 in the morning I didn't have my contract at hand,but as you'll see above I went and got it!

AlmightyCushion

kmart6 wrote: »

This is what it states exactly about working hours...

Due to your employment being on a casual basis,your hours of work will vary depending on business levels. A certain degree of flexibility will be expected particularly with respect to business levels, where you may be asked to work. Your normal hours of work will be directed to you by your Head of Department. From time to time it will be necessary to change your hours at short notice to suit business needs, but wherever possible, we endeavour to give you 24 hours or as many hours notice as possible

By the looks of it you have to work it.

kmart6

True enough,but the fact I have a verbal agreement to only work 2 days,and only others when it suits me,and also the fact we're never open on Mondays,turns it into a 6 day week,must come into play?!

BanzaiBk

kmart6 wrote: »

This is what it states exactly about working hours...

Due to your employment being on a casual basis,your hours of work will vary depending on business levels. A certain degree of flexibility will be expected particularly with respect to business levels, where you may be asked to work. Your normal hours of work will be directed to you by your Head of Department. From time to time it will be necessary to change your hours at short notice to suit business needs, but wherever possible, we endeavour to give you 24 hours or as many hours notice as possible

The last line kinda screws you over, because they have given you more than 24 hours notice. Also the bolded line is in a written contract which would override any verbal agreement in my experience with PT work. Is there any set amount of hours in your contract?

kmart6

Well technically I haven't been told directly,my manager was told but he doesn't want to get invilved cause he already told me I could have it off,so he said contact HR,but I don't intend on doing that!

Nope,no set hours in the contract.

AARRRGH

I don't know if they can fire you for not working whenever they want you to work. If you have been "flexible" in the past you could argue you have held up your end of the bargain.

Have a read of this: http://www.citizensinformation.ie/categories/employment/types-of-employment/part-time-employment/employment_rights_of_part_time_workers

Lots of interesting info there.