Legal Concern about Minus Hours in Contracts

Questioner

I have a permanent contract of 40 hours per week. My employer has hired a new colleague for 30 hours per week. Now we are just entering the quiet period and the employer would like us to sign an additional contract stating that we will work minus and plus hours. This means that we now have to take some hours off during the quiet period and at the end of the year, when things get busy again, we will make up for these hours. In principle I completely agree with this, but when I received the contract I was slightly surprised. It states that if there are minus hours at the end of the year, these will be offset against my vacation days and/or salary. I do not agree with this. Suppose I am now obliged to work minus hours and I am not given the opportunity to make up for these hours at the end of the year, then I have to surrender salary or vacation days. In addition, a colleague has been hired for whom they do not actually have enough hours, at least not at the moment. Perhaps it would have been more convenient to offer him a flex contract, so that I do not have to work minus hours now. All this is not my choice, I would like to accommodate the company but not if I have to bear the risk. What should I do with this contract and can this arrangement continue like this. I have not signed anything yet of course, I would like clarity first.

Lawyer

I have read the law for you. In principle, an employer must pay for your agreed hours. What also matters is whether there is a collective labor agreement. Sometimes you can claim the cancellation of the minus hours. I have previously provided successful advice on contract disputes.

Questioner

I am in the sign CAO, but I can only find something about plus hours and unfortunately nothing about minus hours....

Lawyer

I called for you. The minus hours do not expire. This means that in principle it is up to you and your employer to agree on an arrangement. I advise to object to the arrangement as it is now. This can best be done in writing. Please contact me via my email address.