Contract

Misticles

I started my job over 4 years ago.
When I started it was on a full time basis- signed contract grand.

I started college in the September so went to part-time, weekends or alternating Saturday and Sunday- no new contract signed.

For the last year or less, my hours are just awful.

A few hours here and there is all I get and staff that have come in after me get far more hours.

I asked for a copy of my contract about 2 months ago to see what my set hours per week/month are.

It's a zero hour contract, I never signed such a contract so I really don't know if there is anything I can do...


thanks

Noodles5

To be honest as far as I am aware if it goes past a certain time frame and employee doesnt have to sign a contract, if the employee doesnt agree with the terms then he / she wouldnt be working there. A contract is a written statement by the employer of what he / she intends the terms of employment to be.
Realistically you should have been given a new contract when you moved to part time.
You should contact NERA, I have found them very helpful in the past when you need advice on employment issues.

eejoynt

a zero hours contract is illegal - simple as
see attached link

http://www.unionconnect.ie/rights/3/

tinnuvial

I don't believe that they are illegal. They aren't, strictly speaking, Zero hours though - they should specify that you will be available for X number of hours per week. The company doesn't have to give you all those hours but you should be available in case they have them. However, if the company doesn't give you any hours (or not many) they have to pay you for 25% of the specified hours or 15 hours (whichever is less).

So if you have a zero hour contract that says you need to be available for 20 hours and you only get 2, then they have to pay you for 5 in total.

You can talk to the rights commissioners because it sounds like the company probably owe you money.

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/contracts-of-employment/contracts-without-specific-working-hours-zero-hours-contracts

D.McC

I think you might find Zero hour contracts to be illegal - thanks to the actions of the Dunnes Stores workers all those years ago.

Misticles

I'm not really sure how that applies to me.

For example: The contract says zero hours, it does not state how many hours I should be available to work.
From week to week I get from min 3-4.5 to max 9 hours work and they know I am available for full time work.

tinnuvial

If it doesn't say how many hours you should be available then it isn't a recognised zero hours contract and wouldn't stand up to any official scrutiny.

Misticles

So what should I do, if anything?

tinnuvial

Check on the NERA site for information (I'm not sure what type of industry you are in and some have their own special terms). Complaints about terms of employment should be referred to the Rights Commissioners. Good luck.