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39hr contract but never get 39hrs

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ramscooby666 | 16:51 Fri 18th Dec 2009 | Law
8 Answers
hi i have started a new job and was offered a 39hr contract over the phone i done a 3 day induction and signed a contract for 39hrs now my problem is i have not got 39 hr 1 week it could be 30 the next 15 and its getting me down as when i call the office no-one calls back and it is getting beyond a joke now i left a job that was slightly less of an hourly rate to go with this job hope someone can help
do they need to pay me 39 hrs even tho i aint working it and there are guys getting 50+hrs on the same job and company???????????


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It depends on what your contract says. Dees it guarantee you will be paid for at least 39 hours?
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min of 39 hrs
If you are sure about that, then the employer is obliged to provide you with 39 hours work, or pay you for the 39 hours. If not the employer is essentially laying you off - for the which the general rules are that they still pay you for 39 hours (unless there is an industry-wide agreement that allows for lay offs without pay).
Tred carefully though - it may be something to do with not being fully trained for all the jobs yet - as I can't otherwise think of a reason to be offering some people 50 paid hours each weeek whilst other full-timers get only 30 hours.
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fully trained nvq, svq, so if they only give me 15 hrs they must pay me full 39 hrs? i have tried to speak to my line manager with no joy asked who his manager was and no-one could tell me or wouldnt tell me who getting reallt P'd off i cant pay for morgage ,bills etc from a sparadic work rota as i am getting and its not just me i have spoke to at least another 6 guys in the same position as me hours not being honoured . do you think a phone call to the care commision would be any good ?????? C.I.B would prob be my next line as i feel like i am banging my head of a very thick wall
Here's the 'evidence' you require that you cannot generally be laid off without payment for your contractual hours.
CIB sound like the Construction Industry Board to me - are you sure that there isn't a national agreement that covers the construction industry that amounts to an 'express contractual right'?
I thought construction, along with fishing and a few others, was one of those industries where this could happen.
Question Author
i am not beinging paid or laid off i have just started 5 weeks ago like its care work not building cib citiezen advice ???? like i said i was offered 39hr contract by verbal and writen then the contract on complietion of 3 day induction and refreces being ok which they were hope this makes it a bit easyier to help me with an answee many thanks to the replys so far
When you used the abbreviation 'CIB' I didn't know you meant Citizens' Advice Bureau. That sounds like CAB to me. By all means go and see them. I think they will confirm what I am saying to you.
from the little I have seen with my sister applying for and working at care homes (cook) they all treat their workers like trash and are organized like madhouses with staff at each others throats, get into another line of business !!!

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