Part-Time Contract without Roster?

cheapoo on 22/11/2017 - 02:25
Last edited 22/11/2017 - 02:27

Hey guys, just a quick run down on the situation. I recently found a part time job at "X" and have been working there for almost three months now. At first I was on a casual contract but after 3-4 weeks I was offered a part-time contact. Obviously the smart thing to do at the time was to accept it as it insures a minimum number of hours per week and the benefits of annual/sick leave etc.

Before the contract was offered, I was basically on call for shifts as like any casual worker would be. However now being on a part-time contract nothing has changed. I am still being put on call for shifts and it is really becoming really frustrating as that I am called in 1-2 hours before which ends up ruining my plans for the day as well as the fact I am being paid less. Just the other day I was called in by the ASM to work from 11am-4pm. Apparently that did not get through to the department manager as he was expecting me to work till late. The repercussion of the mix up resulted in the department manager threatening to fire me for trying to get off work early but I won't go into too much detail about that lol. Anyway within our little heated argument, I brought up the fact that issues like this would not arise if I was given a roster. His reply to me was simply "I don't need to give you a roster".

I have also looked up some of the guidelines on the fair work website about part-time employees and that it states that:

An employer and employee have to agree on a regular pattern of work when the employee starts.
The agreement has to be in writing and include:
* the hours worked each day
* the days of the week the employee will work
* the start and finish times each day

https://www.fairwork.gov.au/employee-entitlements/types-of-e…

I'm not to sure where I stand at the moment as there seems to be mixed ideas from all over the place. Also how would I go on to using my annual/sick leave as that I don't have a set time and day to work? I have spoken to a few of my colleagues and they all have rosters assigned and regularly take their sick leave/annual leave.

Any help would be much appreciated.

Sorry if the format is a bit wack

tl;dr: On part-time contract without a roster instead being on call for shifts

Education & Work

Comments

  • airal3rt on 22/11/2017 - 03:55
    +6

    What a clusterf*ck.

    If you walk in pointing at your "Fairwork.gov" documents shit is not going to go well for you.

    If you strap on some balls and walk in there saying "Hey, all my fellow co-workers have XYZ conditions/pay/hours, I need to be valued the same" and stick to your guns you'll get what you want.

    • cheapoo on 22/11/2017 - 16:16

      Yeah only using fair work as a last resort. I have asked my manager multiple times when I was assigned as part time however he just seems to brush it off every time saying he will get it done today. Ever since the argument with my manger, I doubt he has any intentions of assigning me one lol. Next time im called in for work ill definitely have a chat with the asm.

  • spal on 22/11/2017 - 04:51

    Good on you for standing up to your manager. You should probably make note of the threat made to you and any witnesses. As it is quite possible that the manager will not stop harassing you until you submit to him or leave. Your best bet would then be speak in confidence with the ASM, give him the list of instances and ask him what he could do. He could transfer you to another store and have a word with your manager. If nothing happens then you should escalate it to HR.

    • cheapoo on 22/11/2017 - 16:20

      By the looks of things, its going to most likely end with me doing dismissed sooner of later haha. The department manager doesn't seem to like me. Not sure if its because im still repetitively new or because im one of the youngest out of all the staff but it seems i am the only one person he is constantly having a go at.

  • whooah1979 on 22/11/2017 - 06:08
    +4

    On part-time contract without a roster instead being on call for shifts

    This sounds like a low level retail/warehouse job. These isn't much room for advances in this type of work. Perhaps you should consider finding a different job.

    • cheapoo on 22/11/2017 - 18:56

      Yeah this is just a part time job while I complete my studies so I don't plan on advancing or staying here for a long time.

      • whooah1979 on 22/11/2017 - 20:47

        Have you tried mcd or hj?

        • cheapoo on 23/11/2017 - 00:16

          I've previously worked in the fast food industry back in my high school days. Don't think i could let my self back in an environment like that again haha.

  • steff on 22/11/2017 - 08:48

    Do you have an HR department? If so, I'd speak to them. I wouldn't go quoting Fair Work just yet though.

    As part-time and on a contract, asking for a roster is not an unreasonable request. Being denied by your manager however, definitely is.

  • Seraphin7 on 22/11/2017 - 09:00
    +2

    You should be on a clear roster. There are employers out there who put staff on "part time" arrangements in order to save on the costs of casual labour … but then treat them like casuals in any event.

    It sounds like this may be a job you're doing while you have something else going on? Maybe study or some other time of casual employment? If this is the case, I would be pushing your employer for reasonable conditions (i.e. a regular roster) and if they are unwilling to do so, then move on and get another equivalent job with a more scrupulous employer.

    • cheapoo on 22/11/2017 - 18:54

      Correct I am currently a student. For the moment I am on break so being on call isn't really a deal breaker however it is slowly driving me crazy getting a text an hour or two before the shift being extremely unprepared (~40 minute drive to work) or resulting in plans being cancelled. I am currently on the fence at the moment on wither this is right for me. I am more than comfortable completing the tasks assigned however with the current relationship with my department manager and the whole roster ordeal, I feel that it is simply not worth it.

      • Seraphin7 on 23/11/2017 - 09:35
        +1

        Honestly, this is not worth the hassle and grief to you. I appreciate you need to bring in some cash and gain work experience and wholeheartedly support such endeavours.

        That said, being a student is about studying and having a good time. You've got your whole life to deal with employment issues, etc. when you are actually pursuing your chosen career. Don't waste your student years on being tied to some part time job that you hate, dealing with idiots you actually couldn't manage their way out of paper bag.

        At the right time, and unless something changes, dump this job like a bad habit and get on with your life.

  • indium on 22/11/2017 - 09:15

    When you signed the contract doesn't it list the contracted shifts you are required to work each week?

    If so you need to tell them that you will show up for your contracted shifts and also stipulate the conditions that you will work extra shifts as they are entirely voluntary.

  • HighAndDry on 22/11/2017 - 09:36
    +2

    On part-time contract without a roster instead being on call for shifts

    Well, they might call it a part-time contract but you're clearly still working on a casual basis.

  • Randxyz123 on 22/11/2017 - 09:36
    -1

    Re-negotiate your contract. Tell them while you are happy to be on call and come in, but they need to text you the time you are working till (to prevent confusion with dept and assistant managers) , And you want to be put on a roster like everyone else as you have other commitments that you need to be at.

    If they don’t like it, Find a new job. Once you have one call fairwork and tell them that “X” is screwing over their employees…

  • blonky on 22/11/2017 - 10:12
    +2

    Be aware that although you are earning less, you will be accruing leave

    • cheapoo on 22/11/2017 - 19:57
      +2

      I do understand that I am now receiving the benefits of being on a part-time contract now however how would I go on to using my sick leave or annual leave given that I don't have a set working schedule. Currently if i am unable to attend work due to being ill, it is just considered as a day I haven't been appointed to. Also i've been asked to say back a couple of hours after my "outlined" shift. Wouldn't this be considered overtime?

  • dasher86 on 22/11/2017 - 10:29

    Are you on an EBA or an award?

  • peterpeterpumpkin on 22/11/2017 - 11:56

    If it's a major chain like Coles or Woolworths (sounds all too familiar…) you may as well name and shame since there's that many of you.

    Rather than fire part-timers that don't want to stay back I imagine they'll hand out new contracts with 2 weeks notice. Especially in the lead up to Christmas school holidays when cheap labour becomes available.

    On a side note, no one's worked out a system that keeps both employers and employees happy in the emerging gig economy so the more people that complain about existing formalised arrangements the better. Imagine if they got away with an Uber-like system where as a 'contractor' you were only paid to run a register for half an hour while you're in the area…I'm not necessarily against the general idea (if it improves efficiency) so much as the incompatibility with the existing social and financial system and the exploitation it brings.

  • robbyjones on 22/11/2017 - 20:14

    Be aware that Fair Work will only help you once you have been employed for longer than six months.

    • Gina Rinehart on 23/11/2017 - 17:33

      Source?

      • robbyjones on 23/11/2017 - 19:19

        Fair Work website - 6 months if your employer has more than 15 employees, 12 months if less. Try google mate if you want the specifics or the Fair Work website, it's all there.

        • Gina Rinehart on 23/11/2017 - 20:12

          My understanding is that only applies for if you are dismissed within the first 6/12 months. Not for general advice.

  • cheapoo on 10/12/2017 - 13:17

    UPDATE:

    Still have not been given a roster lol

    Also with the department manager issue, nothing has seemed to changed. Within the past weeks I have been barely given any shifts especially during holiday season where there store is a lot busier. Talking to a few colleague of mine, they said that our department is always understaffed which is giving me the assumption that the department manager is purposely giving me little to no shifts. And on top of that apparently everyone got new rosters this week except for me ??????? Not really too stoked on the situation but what would you guys recommend I do? I know i should just leave however I don't want to leave these events untouched without any answers.

    • Quantumcat on 11/12/2017 - 15:55

      Is there a HR department you can email or ring or visit in person?

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