Labour Law

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Question: I’ve been a contract worker now for almost 2 years now for a hospital group company, working in the IT department. We are only allowed to book 170 hours a month with no leave, no nothing. If there is a public holiday we have to work extra hours to make up the time > for example we had to work 40 hours extra in April alone We usally claim on the 7th of each month and the previous month they just came to us one day and moved it to the 3rd and this month to the 1st.  So we all lost a few bucks last month and this month have to really put some hours in to make it to the 170 hours we don’t have to work the 170 but if we don’t we can’t survive. My question is this > Are these guys playing by the rules or am I just a sucker to work here?


Answer: The whole issue will revolve around the contract you are on and that is what I am unclear about? You may be on an independent contractor contract , fixed term inclusive contract etc… each will have different “rules” attached to them. My best suggestion would be if you get attach a copy of your contract so that I can advise correctly.

Follow Up Reply: Removed

Answer: Yup as I thought. You are on an independent contractor agreement which means in essence you are a sub-contractor to the company. Thus you provide your service and will “invoice” company for hours worked. All issues such as leave, sick leave & public holidays are for your expense and are not the company’s problem as you are not their employee but a contractor. As per contract they may vary claim dates as long as they pay you 25 days from submission of hours. I would suggest looking for permanent employment whereby all your benefits are then included and processed. The independent contractor agreements are an old trick to waiver responsibility as when they don’t need you anymore all they have to do is terminate your contract with a months notice – that’s all.

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