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17 Oct 2012 19:47 by esteban19120 Star rating. 182 posts Send private message

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Hope someone can advice me on this matter. Have part time contract for 10 hrs work,indefenido. but as work is slow some weeks they tell me there is no work. Now as only part time i only get 5 days holiday a year i have used them up to cover my nomina for each week no work, they tell me as my nomina is 80 per week i need to use 2 days holidy to cover, making a days holiday 40 euros paid.1, is that corect, 2 this is because they say my pay for day is 60 euro so need work 2 days to cover. 3, if there is no work each week for me to do 10 hrs as in contractm do they have to pay me or lay me off, any advice at this time be great as can not aford a layer.





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18 Oct 2012 00:40 by mac75 Star rating in Valencia. 408 posts Send private message

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 being a part time job, even though it is 10 hours a week , those hours should be stipulated on which days you have to work. For example if you work 5 hours on Tuesday and 5 Hours on Wednesday  that would be your weeks work. If you have agreed to be flexible and have 10 hours when ever it suits them fine that's your decision and it should be stated in your contract. They have to pay you if you work or not regardless. As far as holidays are concerned, yes the company does have a say when you take your holidays but I think it is only 50% of your holidays where it has a definite say, but I'm not entirely sure. Normally holidays are a joint decision so it is when it suits both the worker and the employer. I'm not sure how they have calculated the 2 days holiday, as you should receive 2.5 days for every full month worked, so at only 10 hours a week thats 0,6 days holiday for every month worked. To be honest it doesn't make much sense. If you can't afford a lawyer go to your local CCOO office and they will advise you free of charge. (comisiones obreras). They could lay you off but that's their decision, until then they have to pay you, but you muct turn up for work even if their is nothing to do, so you must know when you have to be at work or get it in writing that you don't need to be there. Nonetheless if they don't have work I would start looking for something else.

good luck



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18 Oct 2012 17:20 by esteban19120 Star rating. 182 posts Send private message

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thanks for that,been looing for over 2 years for other work here in Spain and the Uk. but nothing, thanks again.





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