P&O1, Answers Chapter 8

PER SONNEL& ORGANISATIONHOSPITALIT Y PERSONNEL & ORGANISATION FOR THE HOSPITALITY INDUSTRY ELLEN VAN KOOTEN Chapter 8 | Answers | Questions about the chapter 1

Personnel & Organisation for the Hospitality Industry | Part 1Chapter 8 | Answers | Questions about the chapter 1. What, in general terms, does employment law imply? Employment law is the entirety of legal regulations relating to the employment relationship between the employer and the employee. Employment law applies if the employer and employee have entered into an employment contract. 2. Why are 'flexible' workers so important in the hospitality industry? Hospitality entrepreneurs like to use flex workers because this allows them to adapt quickly and cheaply to changing circumstances in and outside the company. After all, fewer guests means that fewer people are required in the kitchen and restaurant. This flexibility cannot usually be achieved if you only employ permanent staff. Why is flexibility needed? • Seasonal business: Seasonal hospitality businesses often employ flex workers to cope with peak times in certain periods. • Replacing employees and leave: Extra manpower may also be required temporarily in order to replace employees in the event of illness, pregnancy, other special leave or holidays. • Less risk: There will also be situations when it is still uncertain as to whether the increased amount of work is permanent and, for that reason, a hospitality entrepreneur will not always want to run the risk of having to dismiss employees due to a busy period having come to an end with all the costs that this entails. 3. What is another name for a part-time job? What does a part-time job imply? A part-time job is also referred as the term part-time contract, both mean the same: when the average working hours are shorter than 38 hours per week. 4. What is an employment contract? An employment contract is an agreement whereby one party, the employee, undertakes to enter the employment of the other party, the employer, for a certain period of time in order to perform work. This legal definition consists of three elements: 1. Wage payments have to be made. 2. The work must be performed personally and employees cannot have themselves replaced by someone else. 3. There has to be a relationship of authority. 5. Which types of employment contracts exist? • A permanent employment relationship for an indefinite period of time: • Flexible employment relationships • The employment contract for a definite period of time • On-call agreement • Payrolling • The temporary employment contract • Contracting agreement • Commission contract • The lone independent entrepreneur and freelancer 6. Which rules apply in accordance with the European guidelines for dealing with the details in an employment contract? According to European directives, the following rules apply with regard to the details included in the employment contract: • the time at which the employee is recruited • the term of the contract for a definite period of time • the job or the nature of the work • the location(s) at which the work is carried out • the usual number or hours per day or per week • the wages per period • the holiday entitlements • the applicable notice periodVersion 1 | 25-10-2018 | [email protected]

Personnel & Organisation for the Hospitality Industry | Part 1 • the applicable collective labour agreement In addition to this, the law obliges the employer to issue certain written documents: • the pay slip • the deductions • the reference 7. What is the difference between an employment contract for a definite period of time and an employment contract for an indefinite period of time? Employment comes in all shapes and sizes. For definite and indefinite periods of time. Employment contracts for an indefinite period of time are also referred to as permanent contracts. This means that the employer and employee agree a start date but no end date. The contract can be terminated if one of the parties so desires. In the case of a contract for a definite period of time the employer and employee agree on the date on which the employment contract is terminated. The contract then finishes by operation of law at the end of the agreed period. An employee with a contract for a definite period of time has less legal protection than someone with a contract for an indefinite period of time. 8. What are the advantages and disadvantages of a payroll company? Advantages • The employer does not have to keep detailed administrative records. • The employer is legally not liable. • The payroll company is a specialist. Disadvantages • The employer does not have any insight into the mistakes made by the payroll company. • The employee may feel insecure. 9. What is the difference between a payroll company and a temping agency? Payrolling means that a company delegates the responsibility for employee practices and the personnel are employed by a payroll company. The company can select their own employees in contrast to a temping agency, who is responsible for selecting skilled employees for the company. 10. Which legal requirements apply when entering into an employment contract? The law imposes certain requirements on any agreement, so also on the employment contract. The requirements applicable to the employment contract: 1. Consensus of both parties. 2. Capacity to act of both parties. 3. The content must not be contrary to good morals, public order, or binding legislation.Version 1 | 25-10-2018 | [email protected]