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Old 31.08.2021, 21:25
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Advice [contract reduced, unexpectedly]

So I have started a new job.

I signed a 100% contract but when I started they could only give 90% of the hours

So this month I discovered they paid me this month 90% of my salary based on the contract.

Now I have scoured the contract and nowhere does it say that there is a pro-rata clause.

In the interview, I was asked if I wanted 100% to which I replied yes and at no point was I told that I would be paid less if I do not get all the hours required.

So what to do?

Do I kick up a fuss?

Is this legal?

Any advice would be appreciated
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  #2  
Old 31.08.2021, 21:31
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Re: Advice

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So I have started a new job.

I signed a 100% contract but when I started they could only give 90% of the hours

So this month I discovered they paid me this month 90% of my salary based on the contract.

Now I have scoured the contract and nowhere does it say that there is a pro-rata clause.

In the interview, I was asked if I wanted 100% to which I replied yes and at no point was I told that I would be paid less if I do not get all the hours required.

So what to do?

Do I kick up a fuss?

Is this legal?

Any advice would be appreciated
What does your contract pay, are you a 'contractor' or normal employee?
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Old 31.08.2021, 22:04
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Re: Advice

I also have a flexible hours contract. It's possible to work like hell 1 month and then chill out the next 2. But, the accounting of hours is made only 1 time per year.

If I worked more than 100% I can choose between extra vacation days or get paid for the hours. If I worked less than 97.5%, I get less salary.

So, check the contract for some flexible working hours and how frequently the accounting of them is made.
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Old 01.09.2021, 10:59
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Re: Advice

Contract says normal employee
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Old 01.09.2021, 11:19
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Re: Advice

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Contract says normal employee
What does the contract say about working hours? Getting info is like getting blood out of a stone
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Old 01.09.2021, 11:29
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Re: Advice

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What does the contract say about working hours? Getting info is like getting blood out of a stone
Privacy could be an issue, maybe OP can send the info by pm?
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Old 01.09.2021, 19:45
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Re: Advice [contract reduced, unexpectedly]

My advice would be to get a lawyer to look over the contract - one with experience in employment & contract law, obviously.

On the face of it, it's not your fault if they don't have enough work for you to work 100% - they should pay what they agreed to pay, and you need to be prepared to work the number of hours to which you agreed.

Still, have a nice chat with a lawyer - after asking your employer's HR department/person if there's been a mistake, perhaps.
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Old 01.09.2021, 19:53
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Re: Advice [contract reduced, unexpectedly]

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In the interview, I was asked if I wanted 100% to which I replied yes and at no point was I told that I would be paid less if I do not get all the hours required.
Why didn't you work 100%, and how much did you work (out of how many hours you should have worked)? What does/did your supervisor say?
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Old 01.09.2021, 20:21
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Re: Advice

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Privacy could be an issue, maybe OP can send the info by pm?
Then don‘t ask here. OP has been sparingly with the information anyway.
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Old 01.09.2021, 20:27
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Re: Advice [contract reduced, unexpectedly]

Hard to judge, given there is barely information provided. Best advice is probably to look for a new job as your employer tries to screw you.
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Old 01.09.2021, 20:52
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Re: Advice [contract reduced, unexpectedly]

They can reduce it within the limits of your contractual period.

As you just started, that's 7 days.

They can also fire you with the same delay.

Tom
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Old 02.09.2021, 15:38
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Re: Advice [contract reduced, unexpectedly]

You can gen free legal advice regarding employment contract law here (depends on your canton)
https://www.awa.bs.ch/en/arbeitnehme...sberatung.html


generally, changes to the employment contacts should observe notice period terms until mutually agreed. And should be communicated to the employee.
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