Tania working in administration asks "My contract does not guarantee a minimum number of hours per week. Is this legal?"

If you have a question or are unsure of your rights, if you need support or representation, freephone ROI 1800 81 91 91 NI 0800 358 0071 or email us at advice@fsunion.org - If you are unable to call us, please complete the confidential form HERE and we will respond directly.

In ROI

Hi Tania, it sounds like you are on a zero-hours contract as you available for work but your hours of work are not specified under your contract of employment. A zero-hours contract requires you to be available for work for a certain number of hours per week, if and when required. This has been prohibited in 2018 although not for work of a casual nature, work done in emergency situations or for short-term relief to cover absences.

You are entitled to be guaranteed hours of work that reflect your normal working week. For example, if your contract of employment guarantees you 10 hours per week but for the last 12-month period you have worked an average 25 hours per week, you are entitled to be placed on a band of hours that guarantees you a minimum of 21 hours per week.

You are required to submit a request (in writing) to your employer to be placed in a band of weekly working hours. Once a request letter is submitted to the employer, they have a maximum of 4 weeks to place you in a new band.

If you feel you have been victimised for making a request for secure hours such as:

• Demotion.
• Transfer of duties.
• Change of location of place of work.
• Reduction in wages.
• Change in working hours.
• Other forms of coercion or intimidation.

Contact the FSU Advice Centre.

In NI

Hi Tania, yes it is legal, but it depends on the type of contract you’re on.

If your contract doesn’t guarantee any hours, you’re likely on a zero-hour contract or a casual contract. These are legal in Northern Ireland, but they come with serious downsides.

Your employer isn’t obliged to offer you work, and you’re not obliged to accept it, but in reality, many workers feel pressured to take every shift offered just to make ends meet.

Key things to know:

You’re still classed as a worker or employee, depending on how the relationship operates in practice.

You’re entitled to the National Minimum Wage, holiday pay, rest breaks, and protection from unfair treatment.

Your employer cannot stop you from working elsewhere, exclusivity clauses in zero-hour contracts are banned.

If you’ve worked regular hours over a long period, you might have the right to argue that your actual working pattern is your contractual one, regardless of what the written contract says.

While it’s legal, it doesn’t mean it’s fair. If you’re consistently working regular hours, speak to your union, you may be able to challenge the insecure terms or negotiate something more stable.