Advice [contract reduced, unexpectedly]

Visas, Permits, Passports and Naturalization
1
So I have started a new job.

I signed a 100% contract but when I started they could only give 90% of the hours

So this month I discovered they paid me this month 90% of my salary based on the contract.

Now I have scoured the contract and nowhere does it say that there is a pro-rata clause.

In the interview, I was asked if I wanted 100% to which I replied yes and at no point was I told that I would be paid less if I do not get all the hours required.

So what to do?

Do I kick up a fuss?

Is this legal?

Any advice would be appreciated

2
What does your contract pay, are you a 'contractor' or normal employee?

3
I also have a flexible hours contract. It's possible to work like hell 1 month and then chill out the next 2. But, the accounting of hours is made only 1 time per year.

If I worked more than 100% I can choose between extra vacation days or get paid for the hours. If I worked less than 97.5%, I get less salary.

So, check the contract for some flexible working hours and how frequently the accounting of them is made.

4
Contract says normal employee

5
What does the contract say about working hours? Getting info is like getting blood out of a stone

6
Privacy could be an issue, maybe OP can send the info by pm?

7
My advice would be to get a lawyer to look over the contract - one with experience in employment & contract law, obviously.

On the face of it, it's not your fault if they don't have enough work for you to work 100% - they should pay what they agreed to pay, and you need to be prepared to work the number of hours to which you agreed.

Still, have a nice chat with a lawyer - after asking your employer's HR department/person if there's been a mistake, perhaps.

8
Why didn't you work 100%, and how much did you work (out of how many hours you should have worked)? What does/did your supervisor say?

9
Then don‘t ask here. OP has been sparingly with the information anyway.

10
Hard to judge, given there is barely information provided. Best advice is probably to look for a new job as your employer tries to screw you.

11
They can reduce it within the limits of your contractual period.

As you just started, that's 7 days.

They can also fire you with the same delay.

Tom

12
You can gen free legal advice regarding employment contract law here (depends on your canton)

https://www.awa.bs.ch/en/arbeitnehme...sberatung.html

generally, changes to the employment contacts should observe notice period terms until mutually agreed. And should be communicated to the employee.