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Some clarification regarding a Flexi Contract

Started by Saiken69, 25-04-20, 12:45PM

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rach1905

hi, he has just turned 18, so there would be no age restriction on working times.
i'm just concerned as he does not understand his contract at all and he wont say anything as scared of losing his job.
But the sunday shift, im sure i have read somewhere that you only have to do your core hours on a sunday which his are 10pm to 2am, which is the hours also listed in his availability window. So already they have taken advantage.
These contracts are practically forced labour, in my opinion.

rach1905

#26
also please can someone clarify,

If he goes in to do a shift on  wednesday 10pm to 2am, can he be made to stay till 7am without notice?? or does he need to be told in advance of working later. his availability window for that night is 10pm till 7am.
As the contract states - you will be given a minimum of 24 hours notice to work any flexible additional hours which are within your availability window.

Redshoes

#27
There are some new availability forms out. These forms can only have Sunday contracted hours so Sunday overtime should not be issued on a flexi sheet. Also there has to be the 11 hours between shifts but the availability sheet needs to show 11 hours between contracted hours into available hours. You can have availability either side of contracted hours but you can't have availability of less than 11 hours after a contracted shirt shift.

You can work outside your availability but it should not be offered on a flexi shift. Flexi sheets should show the 11 hour gap between shifts and should include days off.  If you pick up overtime on top of flexi hours is then up to you.
You can request a new flexi sheet at any point but you can't mark down your new availability as not including your contracted hours and it must show flexibility.  You can however say you want to cap your hours. So if you are contracted to 18 hours you can say you want to work up to 30 a week.

Batmanjo

#28
Has anyone else never filled in an availability form ?? I have been asked but never filled one in. Flexi contracts are the worst thing an employee could be offered, they are OK for the use in catering but retail nah !!

Andymac1111

On the new Flexi availability forms we are doing ready for the work and pay to come in managers are only allowed to put the contracted shift down on a Sunday no more.

Satans spawn13

Ok so what if you have worked for Tesco for over 4yrs on a flexi contract they want you to update your availability but things have changed and you aren't available some times that you used to be but they are telling you you have to put more hours of availability than you can do. Where do you stand? This has happened more than once they won't change my hours although I did find the opt out of Sundays and have actioned that

horatiocain

There is a specified number of hours you must have in your availability window,I believe its 40 hours  more than that is entirely optional.
Reps are given a handbook in dealing with this, and I recommend sitting down with a rep you trust to talk the problem out.
Your availability should be done annually at your review really, bit km guessing your managers are about as capable as mine.

oldfashionedplayer

https://colleague-help.ourtesco.com/hc/en-us/articles/360039524132-Terms-and-Conditions

Part-time flexible contract
A colleague employed on this contract type will have a core set of hours, which will not change each week, and additional hours within an agreed 'Availability Window', which will vary depending on the needs of the business.


Core hours are worked on fixed days and hours. The ideal number of core hours per week is between 10 and 16. The minimum number of core hours should be 7.5 per week, unless the colleague has requested to work less than 7.5 hours and this can be accommodated by the store. No stand-alone shift should be less than 3 hours.


Colleagues should agree when they will be available to work additional hours, this will be their 'Availability Window'. Any additional hours worked must fall within this Availability Window. However, they will only ever be expected to work up to a maximum of 36.5 hours a week (core and additional hours combined).


Any additional hours the colleague is required to work should be communicated with 7 days' notice. If this isn't possible, a minimum of 24 hours' notice should be given; however, this should be the exception rather than the norm. Colleagues will be expected to work additional hours when they fall within their agreed Availability Window, providing they have been asked to work these hours within the required notice period. The minimum number of stand-alone additional flexible hours offered per day is 3.


Core hours can be contracted for Sunday but additional hours should not be scheduled for Sundays. Colleagues can volunteer for normal overtime on a Sunday.


Core hours may fall on a bank holiday. Additional hours, however, should not be scheduled for a bank holiday and colleagues should volunteer for normal overtime on a bank holiday. The appropriate premium payments will be paid if hours are worked during the night, or on a Sunday or bank holiday.


All colleagues, regardless of contract type, should have an equal opportunity to work overtime on a Sunday or bank holiday.

and full time ones are 50 hours availability... though if they dont give you atleast a week's notice like it says, then your free to say no, really it should be a 4 week rota but they never do it... so 7 days is "reasonable", you can fill in the hours you want to work as current though and just say your committed elsewhere at times and tell them you'll pick up overtime if you want it lol

Redshoes

Flexibility is a bit different now.
You need to have a minimum of 9 hours above your contracted hours. You can't include Sunday, you can only have your contracted hours on Sunday.
You need to have two days off a week, this can include Sunday if you are not contracted for Sunday.
You can only add flexible hours to one side of your shift, not both. You then need to have 11 hours between shifts. You can flex up into the evening on a Monday and then a Tuesday morning for example with less than 11 hours between shifts but you should not then get flexed up both days resulting in less than 11 hours. You can pick up overtime with less than 11 hours between shifts but should not be issued it.
Young workers need two days off together, I forget the start time for them but they can't work beyond 21:45 and they get extra breaks. 
Flexibility sheets should be refreshed annually but you can request at any time.

oldfashionedplayer

So pretty much just add 9 hours to availability window and be done with it 😁

Redshoes

For those on low hours adding 9 hours is generally not an issue. For those on higher contracted hours adding 9 hours and keeping the 2 days off, 11 hours between shifts etc becomes more difficult. Some colleagues have had to come off flexi contracts. You have to seek out your own overtime if you do this. I suspect most would prefer this but during the lean weeks overtime may not be easy to find.

newguy20

Perhaps I should be grateful that our store doesn't seem to follow the tesco bible on flexi contracts?

nobody is ever forced to change their shift or work extra hours, management will ask and make it clear that they need it to happen, but if someone says no they won't force them.

Drivememad

I am fixed contract driver and have had a shift changed without being asked - I've seen the change but the question I have is - do I need to turn up for the new shift if I have not been asked?

oldfashionedplayer

everyone is fixed now, flexi went with the new contracts, shifts should be made with 3 weeks in advance within your availability, so if it's not then no, I wouldn't I'd just turn up for your normal and if asked just say you weren't aware of any changes or agreed to them.

lucgeo

#39
Quote from: Drivememad on 26-05-23, 08:08PMI am fixed contract driver and have had a shift changed without being asked - I've seen the change but the question I have is - do I need to turn up for the new shift if I have not been asked?

No!

It is the responsibility of the manager to ASK you if you are able to change your shift...the onus is on them! Just saying it was on the rota for you to see doesn't cut it!

Also the 24 hour notice for emergencies won't wash now either, as the rota shift change has been made  in advance, but they have failed to ask in the agreed timeframe for a shift change.

DON'T query the rota change to them beforehand...just don't show up...ignorance is bliss!

kaled78

I thought stores were no longer able to use paper rota's due to the confidential information policy?,all ours were removed from the notice boards in the corridoors some time ago

londoner83

Kaled78 - you are correct no one should still have paper rotas as you don't need to know when other colleagues are scheduled to work.

kaled78

the joke of it is though,the managers still have a paper rota and the new shift leaders do also

gomezz

Quote from: londoner83 on 27-05-23, 08:16PMKaled78 - you are correct no one should still have paper rotas as you don't need to know when other colleagues are scheduled to work.
Perhaps the next step is to have colleagues wear paper bags over their heads so we don't know who is currently working?

More seriously, knowing who is or isn't working which shifts is useful for finding someone to do a shift swap with as you only need ask those who can fit it in.
"The progress of the kart is more important than its direction"


Drivememad

Thank you for your replies. I kept to the contracted shift and no problems.

londoner83

Gomezz - believe the issue is that some people use information on rotas incorrectly.

 If you know X is working 9-6 you would know when the best time is to committ burglary. Likewise if you wanted to stalk/hassle a colleague knowing they finish at 10pm on a Tuesday would allow you to lay in wait or alternatively try and shift swap so you work alongside them.

Granted the overwhelming majority of staff would never use rotas incorrectly but it only takes one bad apple.....

redeo

#47
Quote from: Saiken69 on 25-04-20, 12:45PMSo we got given our rota's for next week today and after being told I would only work my scheduled days, I've been given extra days we didn't agree on. After speaking to my manager (not the most pleasant guy), I was told that as per my contract, he can give me hours whenever he pleases if it's within the hours are within my availability.

I was under the impression that I would need to receive my rota a lot earlier than 3 days before the week for this to actual be correct, can anyone provide any clarification on that?
Managers are suppose to be doing rotas 4 weeks in advance.
Quote from: oldfashionedplayer on 28-04-20, 02:52AMYou'll find that managers are terrible when it comes to the flexi notification policies, as stated in the Tesco Colleague Help > Working Here and Compliance > USDAW Partnership Agreement, you'll find that it outlines this specific bit:
Quote"Flexible contracts operate on the basis of colleagues working a core set of hours and additional hours within an agreed Availability Window. Additional hours can be adjusted and varied each week to meet the needs of the business and/or the colleague."
Also stating this bit too and this is what most people are that join the business after 2009:
Quote"Part-time flexible contract
A colleague employed on this contract type will have a core set of hours, which will not change each week, and additional hours within an agreed Availability Window, which will vary depending on the needs of the business."
- Mention of availability window again
Quote"Colleagues should agree when they will be available to work additional hours, this will be their Availability Window. Any additional hours worked must fall within this Availability Window. However, they will only ever be expected to work up to a maximum of 36.5 hours a week (core and additional hours combined).
works around your schedule too.
QuoteAny additional hours the colleague is required to work should be communicated with 7 days notice. If this isn't possible, a minimum of 24 hours notice should be given; however, this should be the exception rather than the norm. Colleagues will be expected to work additional hours when they fall within their agreed Availability Window, providing they have been asked to work these hours within the required notice period. The minimum number of stand-alone additional flexible hours offered per day is 3.

- 7 days notice primarily, though should be agreed with you too, You are supposed to give them ideally a 4 week availability window, or a 7 day one if possible, so you can fill out an availability sheet whenever you want, but mainly you should request if you think there's a few problems that you sit down and work out some, I know some stores don't do up to 4 weeks, even on the new work and pay system, but it's supposed to be a process you have with your manager where you are both fair, so if you don't want to work those shifts, then you can find an arrangement, but you're not forced to work anything outside of your availability window, nor are you allowed to be refused an availability change (Less hours you do would impact a perm contract if only temp), but do a favour get a favour is usually a  good way of going about it.
QuoteCore hours can be contracted for Sunday but additional hours should not be scheduled for Sundays. Colleagues can volunteer for normal overtime on a Sunday."
So Sunday hours are optional.
QuoteIdeally, colleagues should be given 4 weeks notice of their weekly shift pattern. On occasions, this may not be possible, in which case a minimum of 7 days notice should be given. This should be the exception and not the norm.
Although this bit is listed under the full time, I've had confirmation that it does apply to both part time and full time flexi colleagues.
It the giving a favour that the managers struggle with.

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