Posted on: Feb 19, 2013
Question: Is it legal for an employee under a individual employment agreement to work variable hours per week?
For example, in the retail sector, an employee may work for 30 hours one week, 50 hours in the following week, 20 hours in the third week, 60 hours in the fourth week and so on. Although the hours worked will vary from week to week, the employer will ensure that the employee ends up working only 40 hours per week on average through the year. The agreed annual salary is $40,000.
Answer: It is possible to enter into the arrangement described above. The employee is a permanent employee with variable hours of work. Issues that might arise from this arrangement such as hours of work, health & safety, rest & meal breaks, and the calculation of annual holidays, sick leave and alternative holidays are noted in this article.
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