A Labour Ministry official has argued that an employee must agree to flexi work arrangement and an employer cannot force an employee to work as such, if it was not offered at the time of engagement.
The flexi work week relates to the non-standard engagement on employment during a standard work week which is normally 5 days per week at a maximum of 40 hours. It provides for a situation where you can have a compressed work week thus allowing for work up to a maximum 12 hours per day at single time pay.
Divisional Director of Industrial Relations and Allied Services at the Ministry of Labour and Social Security Gillian Corrodus said however, if it is that the employer did not have that arrangement at the time of employment, then the employer cannot force that worker and it would have to be by mutual agreement.
It is also recommended to employers and workers to make sure any changes are properly documented.
On the converse, if an employer is already engaged in flexi time arrangements when the worker joins the organisation then the worker doesn’t have a choice. The flexible work arrangement act also allows for part-time work.
On the matter of vacation, a worker earns one day vacation leave for every 22 days worked. However, if you are working less days, you would earn your vacation leave at a slower pace, but this does not reduce your allotment. In relation to sick leave with pay, this is only earned after 110 days. Any sick leave granted before that is without pay.
An employer is not required by law to offer flexi work arrangements as it is an option that the business may exercise.
The key to flexible work arrangements is that all laws must be observed in relation to holidays with pay in relation to the payment of wages and other benefits as well as ensuring that the arrangements are documented with both parties having copies of the documentation.
The Employment Flexible Work Arrangements Act came into effect in 2014.