Hospitality Clocking In: Your Rights & Advice

Questioner

I have a question about clocking in when you start working. I recently started working at a catering company (as a side job) where you are scheduled for the hours you have indicated as available. Clocking in is only possible with your own code and that of the manager. Only when you have clocked in does your salary start running. However, it does happen that I am present at the company at the agreed time that is also on the schedule, but that the manager does not want to clock me in because it is not busy enough yet. Then I have to wait (varies from 30-60 minutes) before I am clocked in and can start working. However, I do not get paid for this time that I wait. I have a zero-hour contract and only get to hear when I'm done on the evening itself. I wondered if what my employer is doing is allowed. It feels very strange that I'm waiting unpaid at the company before I can start. Then I could also spend my time differently. Thank you in advance

Lawyer

What your employer is doing is not allowed. Your employer should not call you in then. So you can ask the manager to clock you in. Those are your rights.

Lawyer

If you are present at the agreed time, you are entitled to wages from that moment on. Lack of work is an employer's risk. The employer may not pass this on to you. The employer must indicate in advance how many hours you will be working. You can then take this into account. If it becomes shorter - see previous paragraph. If it becomes longer, you are in principle obliged to comply with this. The employer cannot say exactly, then he must at least estimate it. You are entitled to at least 3 hours' pay per call.