Sick and on a zero-hours contract? Discover your rights!

Questioner

Dear, more than 3.5 years I work in a shop that sells food, where I have a zero-hour contract. Now due to illness I can not work the many hours that I would work in August. I work very irregularly, sometimes a week nothing, sometimes 35 hours. My question now is, what part of the salary should I get paid?

Lawyer

The starting point is the average hours over the three months prior to the date that you reported sick. This can, in connection with those irregular hours, turn out unfavorable. In that case, a reasonable solution is usually sought. Sometimes there is something about it in the collective labor agreement. You may want to check that. Get well soon

Questioner

Is this also the case if I am already scheduled and it is known what I would have been working, if I had not become ill?

Lawyer

After six months (which is well past that point), it is assumed that you have an employment contract with a scope equal to the average number of hours worked in the previous three months. You are therefore entitled to at least 70% of the average salary over the last 3 months. If a collective labor agreement applies, there may be a different arrangement.

Lawyer

Scheduled hours could also possibly have an effect. But I gave you the main rule above.

Questioner

Thank you for your quick responses, one last question, in July I also had my birthday so my salary would go up in August, does that still affect the average? These hours would have become my savings, so quite important.

Lawyer

This does not affect the average number of hours, but that average number of hours must be paid in August in accordance with the new higher salary.