Legal advice on employment issues | Legal advice centre

Questioner

I have been working as a care assistant for 24 hours since August 22nd. During my induction period, they found out in the department that they are not allowed to put me on the responsible shifts and that I therefore have to fill in all short shifts (3 - 4.5 hours per day). So I went against this because I am working so much in the minus hours. This was not responded to positively because I am not flexible enough due to my home situation (children) and I had to look for something else. I did not agree with this and then my husband reported me sick for about a week because I was completely upset and surprised that I am now being blamed. After a week I had to come by because they would have a temporary solution. Now I have to supplement the short shifts to 5.5 - 6 hours per day in the living room on another department. I agreed to this but still don't fully agree. Now today I receive an email that I have to sign according to my team coach. Among other things, it states that I have to work on my flexibility and agree to shifts of 4.5 - 5 hours per shift. I was super flexible because I could work all shifts and had also planned to work 3 - 4 days a week and this is now 5 per week. Can I claim my old hours of approximately 8 hours per shift or should they not give me a few months to arrange it at home? Can they refuse my sick leave because it is not in the schedule. Am I obliged to make up for the minus hours that have arisen due to this situation?

Lawyer

The answer to your questions depends on the contract you signed and the agreements you demonstrably made in the area of ​​scheduling. You are not obliged to make up for your minus hours, but your employer does not have to pay them either. A sick leave report cannot be refused, but it must be recorded.

Questioner

I could forward you my contract and the emails about this. Perhaps you can then give me more information.

Lawyer

I will answer a number of questions here in general terms, but this is not my specific area of ​​expertise. Above all, find an advisor with a specialization in labor law, that will save you money and time.

Lawyer

I advise you to contact a specialized labor law attorney asap. Often the first consultation is free, such as at my office. Given your story, a responsible and good answer is not possible here. The case is too complex for that. Too much depends on the exact agreements and facts. The employer must always accept a sick report. Not the employer, but the ArboDienst assesses whether or not you are sick. You can sign an agreement for approval or for seeing. Based on your story, I would only sign for seeing. After consulting a lawyer, you can decide whether you also want to agree.