Urgent advice required about a job contract in Tenerife

Tenerife Blade · 27th April 2007, 18:42

I am considering starting work again, and have been offered a part time job in a shop. The contract is for 15 hours, and the social will be paid after the first months trial. I will actually be working 34 hours a week.

Is this the norm, i.e, having a contract for considerably less hours than you work? Also, will having a contract for only 15 hours mean that my employer will only be paying minimum contributions for me, or is the contribution payment the same whether you have a contract for 15 or 30 hours.

Any advice anyone can give me ASAP will be really appreciated. I have to give them an answer tonight.

Thanks in advance.

Afterthought: what deductions approx will i have to pay in tax etc.

Daverock · 27th April 2007, 18:47

The employer will pay contributions based on your contracted hours. This does happen a lot and of course it's not legal. That is why the work inspectors do spot checks to try and catch people who are working without a contract and also working more hours than their contract states. They crack down hard on both the employee and employer.

Tenerife Blade · 27th April 2007, 18:54

Thanks Dave.

Are you saying that if they want me to work 34 hours, my contract should state this, and if it doesn't, we're both breaking the law.

Am i entitled to less benefits on a 15 hour contract compared to someone on a 30 hour contract, do you know?

Also, will Sarah also be covered on my social on a 15 hour contract?

robby1234 · 27th April 2007, 19:00

yes and yes blade.

your contract must state your hours(except extra overtime) but if you are on a part time contract and you regularly get so much over time the social will instruct your employer to give you a full time contract.

you will be paying the minimum social contrabution which means you will not be entitled to benifits for the first year(dole) or pension untill you have worked 5 years but social benifits(health care ect) are available to your dependants just like a full time contract.

hope this helps.

Daverock · 27th April 2007, 19:02

Quote:

Originally Posted by Tenerife Blade

Thanks Dave.

Are you saying that if they want me to work 34 hours, my contract should state this, and if it doesn't, we're both breaking the law.

Yes that is correct.

Quote:

Originally Posted by Tenerife Blade

Am i entitled to less benefits on a 15 hour contract compared to someone on a 30 hour contract, do you know?

Less benefits and less Pension entitlement.

Lets be clear though I'm not trying to advise you on whether or not to take the job I'm just explaining the position.

This situation does happen a lot as people are happy to accept it as an alternative to working completely illegally without any contract.

Tenerife Blade · 27th April 2007, 19:05

Thanks Robby. It was the health cover i was interested in. I will be working 34 hours every week, with 8.5 days paid holiday a year.

I totally understand that Dave, and i really appreciate the advice. It will at least do me until something else comes along.

Daverock · 27th April 2007, 19:12

If you decide to go ahead with it make sure you fully understand the terms of the contract before signing it. I personally would get an employment lawyer to check it before signing it. For a start the paid holiday entitlement seems extremely low.

robby1234 · 27th April 2007, 19:18

yes i agree with dave the hols are way too low you should be getting at least 1 day per month worked.

there is one thing thought most part time contracts are for 20 hours and as most contracts are made by the social office it seems a little strange check the left hand top corner for the goverments emblem if it isn´t there it isn´t a proper contract of employment and hasn´t been registerd.

Tenerife Blade · 27th April 2007, 19:23

I'm not too bothered about the paid holidays Dave. What's important to me is can i take extra days off unpaid if i need them.

I'm doing the job more for something to do rather than to make ends meet. They have said they will pay my social and my tax. I just don't want to have someone take the mickey through my lack of knowledge or understanding of the employment laws.

By the way, i have agreed to meet them tomorrow to discuss it. It's mine should i wish to accept it.

Robby, i will make a note of that comment about the government seal, and check it out. I will also query the holiday entitlement too.

Daverock · 27th April 2007, 19:25

Well good luck with it. It sounds like you are happy enough with what you are getting.