Zero Hours Contract Northern Ireland

Zero Hours Contract Northern Ireland

Ms Dolan said: “People employed under these contracts face deep uncertainty and stress and have no guarantee of what they will earn or the hours they will work. That has to change; Workers and families deserve fairness and security. Keywords: zero-hour contracts; precariousness of work; the status of individuals; Labour rights Sinn Féin has launched a bill to ban zero-hour contracts in Northern Ireland. Zero-hour contracts have become widespread in recent years, particularly in the hospitality and retail sectors, where companies see them as a cost-effective way to meet short-term staff needs through the use of on-call staff. The Minister for Employment and Apprenticeships has set out his position on the future of zero-hour contracts in Northern Ireland. The data also allows us to identify employee characteristics: according to the ONS, women are about two-thirds more likely than men to be a zero-hour worker. About 6% of those under 25 are zero-hour workers (compared to about 1.7% of those under 25-64). Zero-hour workers are also more likely to work in sectors such as hospitality (where 10% are employed on these contracts), transportation, healthcare, and government. Casual employment contracts in Canada cannot have “guaranteed minimum hours[38], “no obligation on the employer to work,” and compensation may be “proportional to the hours worked.” [39] [best source needed] There is no legal definition of a zero-hour contract in Northern Ireland or the United Kingdom. In general, a zero-hour contract is a contract in which you do not have to guarantee the person`s work and the person is not obliged to accept a job you offer. The UK government`s labour relations survey conducted in 2004 and 2011 shows that the proportion of workplaces where some employees have zero-hour contracts increased from 4% in 2004 to 8% in 2011. The survey found that large companies are more likely to use zero-hour contracts. 23% of workplaces with 100 or more employees used zero-hour contracts in 2011, compared to 11% of workplaces with 50 to 99 employees and 6% of those with fewer than 50 employees.

[26] There is concern that persons working under zero-hour contracts do not enjoy protection under national labour law or that they may not be workers. This is not a correct assumption – as in any employment relationship, the labour rights to which a person is entitled depend on their employment status. In the UK, zero-hour contracts are controversial. Trade unions, other workers` organizations and newspapers have described it as labour exploitation. Employers who use zero-hour contracts include Sports Direct, McDonald`s, and Boots. Workers who are subject to zero-hour contracts are vulnerable to exploitation because they can be denied work at any time for any reason, including refusing to respond to a demand for work. Refusal to work in a particular case for any reason may result in a longer period of lack of work. [32] Due to the uncertainty of workers` working hours, zero-hour contracts pose problems for workers with children, as it is difficult to arrange childcare. The increasing use of zero-hour contracts was the subject of a series of articles by The Guardian at the end of July 2013 and was relevant to Parliament from 2013 onwards. [33] Vince Cable, the government`s secretary for economic affairs, is considering stricter regulation of treaties, but has ruled out a ban. [34] Labour MPs Alison McGovern and Andy Sawford campaigned to ban or better regulate the practice. [17] In British law, a distinction is made between a mere “worker” and a “worker”, a worker having more legal rights than a worker.

[3] It may not be known whether a person working on a zero-hour contract is an employee or an employee; But even in cases where the plain text of the zero-hour contract refers to the person as an “employee,” the courts have established an employment relationship based on the reciprocity of the obligation between the employer and the employee. In September 2017, the Office of National Statistics estimated that there were more than 900,000 workers on zero-hour contracts (2.9% of the workforce)[8] compared to 747,000 the previous year, with more than 1,.8m such contracts (as some people may have more than one contract)[9], with an additional 1.3 million people who did not work hours. [10] Some commentators have observed that the number of these contracts may not be reported, as many people may confuse them with casual work[11] and not declare them as temporary. [12] The Chartered Institute of Personnel and Development (CIPD) reported in August 2013, based on a survey of 1,000 workers, that up to 1 million workers in the UK, or 3-4% of the workforce, work under the terms of a zero-hour contract. [13] Based on a survey of 5,000 of its members, Unite, Britain`s largest trade union, estimates that up to 5.5 million workers are subject to zero-hour contracts, or 22% of private workers. The mass 1 survey showed that zero-hour contracts were more common in the North West of England, among young workers and in agriculture. Often, workers have stated that vacation pay is denied (which is illegal)[13] and, in most cases, sick pay. The National Farmers` Union, which represents farmers, supports zero-hour contracts because they offer the flexibility needed for tasks such as harvesting. [14] One of the measures introduced is to prohibit clauses in employment contracts that encourage employees to work exclusively for a single employer (exclusivity clauses).

Other recommendations will be that after a period of six months, it will be proposed that the employer provide an objective reason why a person should not be transferred from a zero-hour contract to a more formalized contract with a guaranteed number of hours. The main objective of the new law will be to regulate contracts without compromising the benefits and flexibility that zero-hour contracts can offer. If you need further advice or assistance on this or any other employment issue, please contact Julie at Julie.leonard@edwardsandcopany.co.uk – Improving clarity on social security eligibility is a necessity, especially if Universal Credit is coming to Northern Ireland. Universal Credit provides a real-time assessment of applicants` situation, but with the problems with its implementation when it is introduced in England, assurances on access to benefits would help at-risk workers at variable working hours with income and budgeting. The benefits of zero-hour contracts as an employer include: In 2016, several UK channels that had used zero-hour contracts announced that they would let them expire later in 2017. These included Sports Direct and two movie channels, Curzon and Everyman. [35] However, Cineworld, another prominent cinema chain that includes Picturehouse, has been scrutinized for continuing to use the contract format, with the Ritzy Living Wage protests at London`s Ritzy Cinema being particularly important. [36] For example, not all zero-hour workers will be happy to have such a contract because they do not have a job.

In addition, the inclusion of exclusivity clauses in certain zero-hour contracts in the United Kingdom has been prohibited since 26 May 2015. This had already been discussed by the Northern Ireland Assembly before its suspension in January 2017, and exclusivity clauses could be banned in Northern Ireland in the future. The Office of National Statistics (ONS) estimated in 2018 that there were 14,000 people in Northern Ireland on zero-hour contracts, which represents about 1.3% of the workforce. Number of employees with zero-hour contracts (United Kingdom) In Autoclenz Ltd v. Belcher, the Supreme Court of the United Kingdom ruled on workers employed under a zero-hour contract. Lord Clarke has in Randnr. 35 held that, in employment relationships characterised by unequal bargaining power, the written provisions of a contract could not in fact reflect what the contract was legally. In the United Kingdom, the National Minimum Wage Act 1998 requires workers working under a zero-hour contract for on-call time, childcare and absenteeism to receive the national minimum wage for hours worked.

Prior to the introduction of the Working Time Ordinance 1998 and the National Minimum Wage Ordinance 1999, zero-hour contracts were sometimes used to “stamp” staff during periods of calm while remaining on site so that they could be returned to paid work when needed. National minimum wage regulations require employers to pay the national minimum wage for the time workers are required to be in the workplace, even when there is no “work” to be done. [4] [5] In the past, some employees working on a zero-hour contract have been told that they must obtain permission from their employer before accepting another job, but this practice has now been prohibited under UK law enacted in May 2015. [1] [6] You should note that when there are long-term zero-hour contracts in which work is regularly offered and accepted, there are difficulties in terms of the person`s actual employment status with the zero-hour contract. . . .

Share this post