Can anyone on the Tenerife Forum advise on a work and salary related problem?

Karen1234 · 26th April 2007, 17:53

Hi Everyone I'm new to the forum
It just struck me that some of you smart people out there may be able to help a friend of mine with two problems related to pay.
The first one is that she asked her boss for a couple of hours off work a day for personal reasons. She said she would make the time up by skipping her lunch hours. He said she could She normal works from 9am till 6pm Monday to Friday but has a lunch hour. She left early at 3pm (having had no lunch hour on Tuesday, Wednesday, Friday, Monday. She has now found out that her salary has been cut from 3pm until 6pm, so three hours per day and not two from 17th April until 23rd
She has also found out that her salary is to be reduced by 100 euros per month as her boss has asked someone else to perform one of the many function she was doing. This was not her choice.
Can anyone offer any advice apart from finding a new job.

Mike in Chayofa · 26th April 2007, 17:56

Does she have a contract? That's the place to start.

Janet · 26th April 2007, 18:04

Have a look at THIS thread where there might be some useful information ...

KirstyJay · 26th April 2007, 20:26

As mike said, does she have a contract? If so, what are her contracted hours? What length is the contract?

If she has a contract, she doesn't have to work over her contracted hours and her pay can't be reduced to below what is written on it without a new contract being drawn up... which would mean either a month's notice on the current one, or some sort of pay off/compensation.

Theoretically, she shouldn't have even had to make up the time taken off if it was for valid reasons anyway... so to dock her pay for hours she's actually made up if taking the michael 2-fold.

I'd speak to a lawyer about this if I was her...

Karen1234 · 27th April 2007, 09:43

I spoke to my friend. When she started working for her boss she had a 20 hours contract, which turned indefinite. Her hours have always been Mon to Fri 9am till 6pm. The contract said Mon-Fri 9am-11pm and 5pm till 7pm. After a visit from Social Security she was given a full time contract. Her current indefinite contract actually states she works 40 hours per week. It does not stipulate which days or how many hours per day, just 40 hours per week.

She has been privy to what is going to happen. Hence wants help to fight back when it does on 1st May. To reduce her salary for the days stated she will lose 21 hours pay.

The first week she worked 35 hours, taking 2 hours off Tues, Weds, Fri but working through lunch Thurs no time off.

The second week she worked 40 hours, taking two hours off Monday but making up by having half hour lunch Wed and Thurs and no lunch Fri.

So in total just five hours off. He has included Thursday which she worked and Sat and Sun which are never worked. She is aware that nomina state 30 days a month regardless of month, but her contract says 40 hours per week.

As for her salary - this is not mentioned on her contract. In December she was given a hundred euro pay rise. Which he now wants to take off her. All her salary is on her nomina.

She also mentioned that she had heard that you are allowed three days off a year for personal reasons, but doesn't know if this is true. When he said she could have the time off he never mentioned reducing her salary. His actually words were you can have the minimum time off. In the past he has let her finish at 3pm for these personal circumstnaces without a reduction in pay.

If anyone can help I will be so grateful as she is at her wits end. She can't afford to lose her job, but also can't afford to lose all this money.

KirstyJay · 27th April 2007, 15:06

If she has an indefinite contract that states she works 40 hours a week, she is soooooo lucky and her boss doesn't have a leg to stand on.

He can't sack her unless she does something to warrant it, of course... and even if she does, he has to give a verbal warning (which she signs something to say that she has received it) and a written warning before sacking... so as long as she does her job there is no worry of her losing it over this.

I'm not sure about the actual number of days, but she should be allowed time off for personal emergencies. My bloke had to take 2 days off last week because our daughter had chickenpox and I couldn't take the time off, so I don't see why she can't... worth seeing a lawyer about, IMO.

If I were her I'd say something like... 'Hang on? You are docking me for time I actually worked and made up, plus you're trying to reduce my wages by 100€? That doesn't seem right or legal... Do you mind if I check this out with my lawyer?...'

Or better still, find out who the office brown nose is - i.e. the person who whatever you tell them, it always gets back to the boss - and mention it casually to them...

...and see how quickly he changes his mind.

Karen1234 · 27th April 2007, 16:43

Both my friend and I think he is trying to get her to walk out, so he doesn't have to pay compensation. But like she says if he gets away with it this month, he'll keep doing it. Anyone know a good employment lawyer she can contact for advice.

KirstyJay · 27th April 2007, 16:46

Above the social there is a work lawyers. In cristianos.

robby1234 · 27th April 2007, 18:53

sorry to say this but there is a problem with her hours.

1/you are paid for your lunch break so working it makes no difference(40/8=5 days in the uk you would be at work for 8.5 hours per day because in the uk you don´t get paid for your lunch break).

as for the rest he cannot do this as it is a decrease in responsability not a decrease in hours worked but he can re negotiate your contract at any time after 1 year indefinido.

was the pay rise for further responasability which she could not fufil if so he is within contractual right to resind it and employe someone else to do it what he cannot do is employ them first then tell her.

the thing is unless it is included as part of your base salary(hourly rate) and not as an extra(like you get traveling expenses and cleaning expenses) then he can take it of your nomina if you are no longer doing it(like when you don´t get the expenses when you are on holiday).

to be honest unless he actually pays you off or sacks you then you either stay or go because as it stands there isn´t much can be done.

let this be a warning to others READ YOUR CONTRACT BEFORE YOU SIGN IT AND IF POSSABLE TAKE LEGAL REPRESENTATION WITH YOU.

Karen1234 · 30th April 2007, 14:34

My friend actually works from 9am until 6pm Monday to Friday and has a hours lunch off per day unpaid. Her contract states 40 hours per week and nothing more. So she is in theory at work nine hours per day when she works her lunch, so she could make the time back up. She has read her contract. I'll have to get her to read her nomina though about transport etc. as I simply don't know yet.

He has employed someone to do part of her job. He told her after he employed someone. She was very upset about it. She is not supposed to know about the salary reduction. She finds this out on pay day, probably Wednesday and just wanted to know where she stands

...........

My friend has just called me. She has seen her nomina (not supposed to have). He has reduced her salary by 100 euros plus taken two days pay off her for the time she had off. She now actually only owes him four hours. She says she is going to speak to him tomorrow. The coward put the signed cheques on the accounts desk then left for the day so avoiding a confrontation. Tomorrow is a fiesta so she is not working. Should she accept the cheque and complan later or refuse the cheque until things are sorted out. Or accept the cheque but write on the nomina that she doesn't agree with the amount.