Q: I have a 20 hour contract but I work 30 hours a week. I have been doing this for more than two years. Do you think my employer should up my contract to a 30 hour week?
Jan 29 2007
Answered by: Peter Done Ask a question
Statements of Main Particulars of Employment (commonly referred to as “contracts”) should reflect accurately the contractual relationship. When it comes to hours to be worked it can become a little more complicated.
Someone who has fixed hours of work e.g. 40 hours per five day week could expect to have that stated. If there is a requirement to work overtime regularly that should be stated, including whether it is compulsory or voluntary. If overtime is both compulsory and guaranteed then those (the total hours) almost certainly become normal hours.
Problems tend to arise where the “contract” includes phrases for example “â¦you will be required to work such hours as are necessary for the proper fulfilment of your duties⦔ or “â¦hours as agreedâ¦"
For most employees, the majority of the time, it should be possible to be more precise than the latter two examples. Speak to your boss and ask for it to be amended to reflect your true hours. If the informal request doesn’t work raise it as a formal grievance. Whether you pursue it further than that would largely depend on whether additional benefits would accrue for the extra hours â“ I am assuming you would have been paid for the additional 10 hours â“ if not then an increase of 50% in your hours for the 20hrs’ pay would not be reasonable and you might even have a claim under the Minimum Wage Act 1998.
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