In a contract, do "Hours as Required" ever become standardised

munkifisht

Hi there

I am on a really awful contract (but at least I'm on some sort of contract) it's fixed purpose and it has a clause in it "Hours as Required". This was done for simplicity purposes when I started as I was working only 2 days a week and there was not a contract ready that was worded that way, however after 6 months I started to work a regular 35 hour week starting and finishing the same time Monday to Friday. This was over 2 years ago. My question is how long, if ever, does it take for a person working on an "hours as required" contract to be considered to be working on a fixed hours basis. The reason I ask is because I am treated in a far less favorable manner than my contemporary collegues who also work a 5 day week (although for 39 hours rather than 35). I am not entitled to the same sick day benefits, annual leave, overtime and other perks that they receive as part of their standard contract (obviously on a pro rata basis). Essentially, there is no difference in their contract and mine other than mine says Hours as Required (HSE job).

On a related note, does anyone know anything about renewal of fixed term contracts. I am getting such conflicting information about it. According to NERA and Citizens Advice, if your contract is due to end and you are kept on in your employment without a renewed contract or something in writing explaining why your contract is not being terminated, then your existing contract is seen as a contract of indefinite duration. My union and the HR dept say this is not the case. My own understanding after reading the legislation is that NERA are correct from the Terms of Employment (Information) Act 1994 states that “whenever a change is made or occurs in any of the particulars of the statement furnished by an employer…” “…the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than (a) 1 month after the change takes effect” and the Protection of Employees (Fixed-Term Work) Act 2003 states that “Where an employee is employed on a fixed-term contract the fixed-term employee shall be informed in writing as soon as practicable by the employer of the objective condition determining the contract whether it is (a) arriving at a specific date, (b) completing a specific task, or (c) the occurrence of a specific event.” and “Where an employer proposes to renew a fixed-term contract, the fixed-term employee shall be informed in writing by the employer of the objective grounds justifying the renewal of the fixed-term contract and the failure to offer a contract of indefinite duration, at the latest by the date of the renewal”.

wmpdd3

Your contract would be a 'zero hours contract'

More info here:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contracts_without_specific_working_hours_zero_hours_contracts.html

Without a union, all you can do is make a case for a contract with the hours you want and take it to the HR dept.

wmpdd3

Your contract would be a 'zero hours contract'

More info here:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contracts_without_specific_working_hours_zero_hours_contracts.html

Without a union, all you can do is make a case for a contract with the hours you want and take it to the HR dept.