Work not giving hours.

Average-Ro

This problem isn't happening to me, but a friend of mine. She's been working in a restaurant for the last 5 years, part time for most of it (due to school and college) and full time for holidays (christmas, easter, summer etc.)

During the last few months of college, they stopped giving hours to the part-time people. I understand it was an effort to cut back in staff, but rather than let people go, they just stopped giving people hours. When questioned about it, they just said that they didn't know when/if they could give them hours.

She's gotten hours now during the summer due to three people going on maternity leave, but they're due back in september and the same thing is going to happen again.

My question is; can they do this? Knowing the type of people they are, this seems to be their way to force people to quit rather than pay any compensation. If they don't give any hours for a few weeks, what can the employee do other than quit? This doesn't seem fair as the employers are avoiding paying any compensation this way. Anyone have any ideas?

Rabies

Does she have a contract? If so those it state the number of hours she should be doing a week?

Is she part time?

From the sound of you post it seems as if she is causal staff. Working here and there where needed, but not regular (even part-time) shifts. If she is looking for regular hours then she needs to talk to the manager or move on.


Why would the employeer need to play compensation?

I'll be honest, I'm in the same boat. But from the other side.

I have about 7 part time staff. Each work about 2 days a week. Last week I informed them that I'd be cutting back hours. Rather than let one or two go, I've opted to streamline my shifts and still try to give people hrs. They have no contract with me but are part time. If they decide to leave, thats fine with me I can balance out some extra hours with the remaining staff. Even my mangers have had hours cut back too. Its until summer starts again.

Average-Ro

Thanks for the reply Rabies, good to get the point of view of the employer.

She doesn't have a contract, which I guess means there's nothing she can do. I don't know a lot about these types of situations which is why I thought there would be some redundancy package (the composation) if she was let go after working there for 5 years. I suppose if there's no contract this doesn't apply?

I guess the best thing to do is to look for more work.

gerrycollins

Firstly every staff member is supposed to have a contract no matter how part time they are and its the employers responsiblity to have one in place.

Especially as a contract would have a setion about lay off/lay way where by when business is slow the employer reserves the right to temporairly lay off staff until such time as business picks up or the hours become available.

There are some finer points to it like the length of time to be laid off etc as they can have an effect on or in effect constitute redundancy without proper preocedure in place thsu the staff memeber losing out.

wmpdd3

In my opinion if she has worked there the last 5 years, te average amount of hours she worked over the year divided by 48 would be her usual work pattern.

In the absence of a contrace this may be aken in to account.

Without a contract it's harder to comment, I think it's well worth a call to NERA or the citzen Info cantre as it's obvious she's not a union member.

kravmaga

@op

take a look at www.entemp.ie website

Part-Time Work(Protection of employees(part-timework) Act 2001

Average-Ro

Thanks for all your help guys. I'll have a look at that link now.