At a glance
- The Employment Contracts Act was amended on 1 August 2022, requiring employers to review the clause regarding variable working hours in an employment contract every 12 months.
The obligation that employers must review the clause on variable working hours every 12 months entered into force on 1 August 2023, following a transition period. An employer who employs a workforce with variable working hours will have conducted the first review by 1 August 2023. If the employment commenced later than 1 August 2022, then the first review should take place 12 months from the date the employment started.
The results of the review will have an impact on how many hours an employee will work. For example, where the results indicate that the minimum working hours agreed on in the employment contract should be higher, the employee must be offered the increased minimum hours in the following 12 months. The employee must be informed of the timing of the review, and upon request, they will be entitled to view the results.
