Zero hours contracts are illegal

Zero hours contracts are illegal.

 

The implied duty of mutual trust and confidence in a contract between employer and employee is to act in good faith.

 

The employer's duty is to remunerate.

 

The employee's duty is to be willing to work.

 

I am thinking that Zero Hour Contracts are illegal via the duty of the employer to remunerate. Remuneration requires you to pay something, not nothing. The law requires that something to be the minimum wage. Whether it can be argued that a basic plus commission on part-time and full-time contracts is a better way forward than zero hour contracts needs to be debated.  But the employee only requires to be willing to work, that does not necessarily mean they actually have to work.  The issue should be dealt with out of the employer’s insurance policy to reimburse all people who have been willing to work to the value of the national minimum wage.  There are 1.8 million people affected by zero hour contracts in the UK which should be scrapped and replaced with something legal, like for instance, basic plus commission style contracts.   Any tax credits already paid could be clawed back or just given as a windfall given all the distress this has caused.  Also any sums paid out of insurance claims would attract 25% PAYE tax, if spent would attract VAT, Corporate tax and tax on intangibles – so the Exchequer would benefit indirectly by providing a legal solution to this problem.

 

 

Also if the national minimum wage was lifted to the national living wage and made law this would impact on a further 1.2 million people who receive tax credits of £1300 whilst working poor and a further 12 million receiving £250 as working poor.  By stopping zero hour contracts and raising the national minimum wage to a new legal minimum 15 million people would be lifted out of relative poverty and the benefit system.  IDS doe have a point on this issue as it is the employer who is abusing the system, not the employee.  But George Osborne is only focused on the employee as the working poor and that is not acceptable and if he does not stop it then he should be processed for misconduct in public office.

Why the contribution is important

Social justice - standards have been lowered

by Lesley on October 10, 2018 at 08:32PM

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