Most workers would not be able to cope losing half their income – but many hospo workers are in danger of just that, each and every week. What’s worse: many don’t even realise it could happen to them.
Over the past few years there has generally been a labour shortage – especially in hospitality. That has meant workers hadn’t had to worry about not getting enough work. That is changing fast.
With the economy getting worse, unemployment is up 50% in the last two years and under-employment (those working but wanting more hours) is up 25%. While any worker can be made redundant through a formal process, many hopsitality workers don’t realise their hours could be slashed in the next roster – with no process or consulation legally required.
Minimum Guaranteed Hours
Its all about “minimum guaranteed hours” (sometimes called “minumum agreed hours”). They are set when you first start employment and can be changed by agreement at any time. A “casual” worker has no minimum guaranteed hours – they don’t have to be offered any hours any week and can turn down any shifts without being penalised. These are often called “zero-hour contracts”.
Ending “Zero Hour Contracts”
Before 2016 most hospitality workers were on “zero hour contracts” – but they were very unfair and didn’t allow workers to turn down work. Only after Unite ran a hugely successful campaign to have them banned did most hospo workers get legally guaranteed hours. That’s why you and your workmates have either guaranteed weekly hours or fixed shifts. It wasn’t given by your employer (they actually opposed the change initially) – it was fought for and won by your union.
While that change improved job security hugely, there is still a problem. Many are still regularly working shifts that are not guaranteed. We are not talking about picking up a shift when someone else is sick or on leave – this is about shifts that are worked week after week that don’t belong to anyone else. The problem is that these shifts can make up half or more of some workers’ regular income and could be taken away in next week’s roster. With unemployment headed up and economic activity down that is increasingly likely to happen.
How bad is the problem?
For some it is potentially very bad. We asked Burger King for the average hours over 12 weeks for all our union members and compared it to their minimum agreed hours.
Two thirds of our Burger King members averaged 20% more than their minimum hours
Over half averaged 50% more than their minimum hours
Over a third averaged twice as much as they are legally guaranteed in any week.
39% of all hours worked are not guaranteed - essentially, BK relies 39% on casual hours.
So 66% of our BK members could lose a fifth of their income in the next roster, 50% could lose a third and 33% could lose over half.
A Problem For ALL Hospo Workers
This is not just a problem at Burger King – it is across hospitality. In fact, Burger King are working with Unite to improve job security for our members there. They have very recently increased minimum hours for quite a few employees and have agreed to work with us to reduce the gap between average and minimum hours. Many other hospo employers are hiring workers with just a few guaranteed hours while verbally promising and rostering them 30+ hours, until it suits them to slash rosters.
If your guaranteed hours are much less than you need to live on then you need to do something about it - before its too late!
WHAT YOU CAN DO ABOUT IT
Find out what your minimum weekly guaranteed hours are. It should be in your offer of employment, and/or on file if it has changed since you started work. If you have fixed shifts they are your guaranteed hours. Ask your manager or payroll for the number if needed.
Find out your average hours or average weekly pay. Using the last 3 months is best. You can look at your payslips or bank records. What you are paid for a week of annual leave is a very good guide as to what your average weekly income is.
Ask yourself what it would be like if your hours and pay were reduced to the minimum. It may be that it isn’t a problem (eg many students prefer to be able to increase and decrease their actaul hours to suit their study needs).
If it would cause you problems then you can take the following steps:
Ask your manager to guarantee more of the hours your regularly work. If they agree get it in writing (if they won’t put it in writing and in the roster system then it isn’t guaranteed at all).
If they refuse remind them that you don’t have to accept hours or shifts that are above your minimum hours. You don’t need to apply for leave for those shifts – just decline them in writing when the roster comes out. A roster with shifts above your minimum hours is an offer and you can accept only enough shifts to make up your minimum hours. It is illegal to punish you in any way for doing so. Just before the holidays is a great time to talk to your manager about this. Tell them “if you want to be sure I am available for the shifts I regularly work you need to guarantee those hours in writing”.
That also includes working beyond your rostered times. If your manager expects you to work when they need you but won’t secure your regular income then remind them it cuts both ways. A midnight rostered finish means you are entitled to leave at midnight.
Put your request in writing (email, text or DM) Ask they offer you guaranteed shifts within your availability before they employ new staff.
You may not get all your regular hours guaranteed but you should aim for at least 80% of your regular weekly hours being guaranteed.
If they won’t improve your minimum hours contact your union delegate or Unite directly (email support@unite.org.nz or Free Phone 0800 286 483 (0800 2 UNITE)
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