The on-call contract is a type of employment contract that is becoming increasingly widespread. This is an agreement that allows the employer to request the employee’s work performance only when he actually needs it, without the obligation to provide stable employment. In this article, we’ll explore this form of contract more closely, its advantages and disadvantages, the rules for entering into it, and how to defend yourself in case
of abuse.
Table of Contents:
What is the on-call contract
The on-call contract, as the name says, allows the employer to call the employee only when he needs his work performance. In practice, the worker is employed only based on the actual needs of the company, without the guarantee of stable employment. It is therefore a flexible form of contract, which can be used in situations where the company’s activity is subject to seasonal or unpredictable fluctuations. It is important to underline that the on-call contract cannot be used indiscriminately, but only if certain requirements are met and in compliance with precise rules. Let’s see how it works in detail.
How does the on-call contract work
The on-call contract requires the employer to inform the employee of the need to carry out their work activity with a minimum notice of 24 hours, unless otherwise agreed between the parties. Otherwise, the worker is not required to accept the job offer. In addition, the on-call contract must specify the period of behavior, that is, the period of time during which the worker must be available to the employer, and the compensation for each individual work performance. It is important to underline that, if the employee is called but does not work for reasons attributable to the employer, for example due to a delay in arriving at the workplace, the compensation is still due
.
The advantages and disadvantages of the on-call contract
The on-call contract has advantages and disadvantages for both the employer and the employee. Among the advantages for the company, there is the possibility of having greater flexibility in personnel management, adapting the number of employees to actual production needs. In addition, the on-call contract saves on labor costs, since the employer pays only for the hours actually worked. However, for the employee, the on-call contract may represent a limit to the planning of their work and personal life, with a difficulty in obtaining financing or in concluding a lease. In addition, the worker may be in a situation of economic insecurity, since the salary varies according to actual
work performance.
The rules for concluding the contract on call
To conclude the contract on call, the employer must comply with certain specific rules. First, the contract must be concluded in writing, indicating the methods for communicating the calls and the period of behavior. In addition, the on-call contract must include a trial period, which cannot exceed 10 working days. Finally, the contract must be registered at the employment center and handed over to the worker, who has the right to request a copy. It is important to underline that the on-call contract cannot be misused, otherwise the employer could be subject to administrative sanctions and the worker could claim compensation for the
damage suffered.
How to defend yourself in the event of abuse of the on-call contract
In the event of abuse of the on-call contract, the worker can take some measures to defend himself. First, you can contact unions or trade associations for legal assistance. In addition, you can report the abuse to the labor inspectorate or employment center. Finally, the worker can claim compensation for the damage suffered and, in the event of non-payment of salaries, can initiate a civil lawsuit for the recovery of the credit. It is important to underline that the employer who uses the on-call contract in an abusive way may be subject to administrative and criminal sanctions, such as imprisonment for up to 2 years and a fine of up to
20,000 euros.
In conclusion, the on-call contract represents a flexible form of work that can be beneficial for both the employer and the employee, but that must be used in compliance with the rules and rights of workers. It is important that the parties are aware of the advantages and disadvantages of this type of contract and that they work to prevent possible abuses
.
