Variable hours contract template

The hours of work for all full- time employees not specifically referenced in Articles The number of hours assigned to work may vary due to menu needs , absences , or other circumstances. The Employer and the Alliance agree that the following conditions shall apply to employees for whom variable hours of work schedules are approved pursuant to the relevant provisions of this Agreement.

It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure or cost by reason only of such variation. Such an arrangement can only be introduced following consultation with, and agreement between , the supervisor of the organisational unit and each employee affected. As there is an ongoing requirement to operate more flexibly, employees and supervisors are encouraged to participate in flexible hours arrangements where possible , under the provisions of this clause.

Many employers, however, will wish to cap the maximum holiday accrual. You can do this on a daily, weekly, monthly, or quarterly basis. Obviously, the longer the reference period, the fairer the accrual cap is.

Given that there will be periods where variable hours employees do not work, there is also the practical problem of how they take holiday. The WTR make clear that employees should have time off work. Myhrtoolkit is of course a useful way of ensuring that employees take the holiday they should. Say a variable hours employee wishes to be on holiday for a whole day or week.

This will depend on the normal working day, which might be 7. On the other hand, if the variable hours employee is only available to work in the mornings for instance, you may agree that the employee needs to book 4 hours for each day. Most employees get holiday pay at their basic daily or hourly rate. You should ignore weeks where the employee did not work and use earlier weeks instead. Where you pay a variable hours employee for all the hours they work at the same rate, there is no need to calculate an average.

Rolled up holiday pay is the practice of including a percentage supplement to the basic hourly rate to cover holiday pay. In , the European Court of Justice ruled that the practice of rolling up holiday pay was unlawful. This is on the basis that employees should be paid for holiday at the time it is taken. It also ruled that any sums paid to employees in respect of rolled up holiday, which were transparent payments clearly separated out as holiday pay, could be offset against any claim for holiday pay.

UK Government guidance now says that employers cannot use rolled up holiday pay and that where a current contract still includes rolled up pay, it needs to be renegotiated. The WTR set out the notice requirements that apply when an employee wishes to take holiday, or when an employer wishes to enforce an employee to take holiday or refuse a request.

The rules recognise that it is important for employers to be able to manage their business effectively. For example, with the use of annual shutdowns, or to ensure adequate cover at all times. However, there is also an expectation that employers exercise the ability to control holidays reasonably to maintain employee trust. Employees must give notice of at least twice the number of days or part-days that they are proposing to take as leave.

An employer wishing to compel an employee to take leave on specific dates must comply with the same notice requirement.

An employer refusing a holiday request must issue a counter-notice. They must issue the counter-notice at least the same number of days before the start date as the total number of days the employer wishes to refuse. So, where an employee wants to take five days' holiday, they would need to request it ten days in advance. If the employer wanted to refuse all five days, they must issue a counter-notice at least five days before the start of the holiday.

In the first year of employment, employers can issue a counter-notice on the basis that the employee has not accrued enough holiday, or due to business reasons. After the first year of employment, the employee cannot issue a counter-notice unless due to business reasons. Unlike the right to statutory holiday itself, the above notice requirements can vary by contract of employment or other legally enforceable written agreement between employer and employee.

In most cases, employers will ask that employees give a longer notice period. All rights reserved. Various trademarks held by respective owners. Call us. Customer Support Login. Variable hours employees holiday guide. What is a variable hours employee? A variable hour employee is usually an hourly-paid employee who: Has no set hours of work at all, though employers expect them to be available to work as and when they require them to i. The Working Time Regulations All workers qualify for 5.

Statutory and contractual entitlement Some employers choose to give a more generous holiday entitlement than the statutory minimum. Potential discrimination against variable hours employees Unless they regularly work hours equivalent to full-time hours, variable hours employees count as part-time for employment law purposes.

Weeks, days or hours? Full-time and part-time holiday entitlement Calculating holiday entitlement for full-time employees and part-time employees working fixed hours is easy. Create tailored professional employment contracts and staff handbooks. Available for employers in the UK and Ireland. Knowledge Base Need help? Please get in touch. Variable Hours Contracts often require a degree of flexibility and in some cases it will be necessary to include variable hours in a contract.