Posts Tagged ‘employment contracts’

The Importance of Employment Contracts

September 23rd, 2011

Employment contracts are a important agreement that is made between an employer and employee, it will explain all of the terms and conditions of the employment for both parties. Everyone should get an employment contract at the start of their job; all employees have the right to an employment contract which will cover every detail of their working agreement.

Contracts will immediately start when you begin working for an employer. By accepting your job you will be automatically agreeing to the terms and conditions of your employment as they are set out in the contract. The general terms of contracts are considered to be valid regardless whether you have read the agreement. If you have been working for an employer for less than two months you will also have the legal right to a copy of the contract.

I would suggest that before you sign any contract you should carefully read and review the terms and conditions stated in the employment contract; this way you will fully understand your duties and responsibilities to your employer, and know what all your rights are for the time you are working for them. Better knowledge of the terms and conditions of your contract will be able to help you settle any dispute that could arise between you and your employer.

All employees should ensure that they give their employment contracts a proper looking over before coming to a decision. It should be noted that all the the terms of any employment contract will never override your basic employment rights according to the current employment law and legislation. If you fell as if you may have been subjected to unfair or illegal working conditions it is recommended that you seek help and advice from a specialised employment law solicitor.

A fair and honest employment contract should ensure that no disputes will arise and result in the need for an employment solicitor. All employees should, by law be subject to fair working conditions. There are though, several issues and circumstances that could affect any employee, because of this it is very important to consider any possible problems which could arise during your employment, and these could include the following:

  • unfair dismissal
  • unfair working hours
  • the misuse personal data
  • health and safety breaches
  • discrimination or bullying

For those of you that believe you have been treated unfairly because of any illegal terms and conditions written in a contract, or a breach of your contract between you and your employer, you then may have the right to take legal action against your employer, which could result in a compensation payout. Any employer who is found guilty of breaching a contract or subjecting their employees to unfair working conditions, will be taken before an employment tribunal.

Posted in Employment Contract

How to Write an Employment Contract

September 2nd, 2011

As an employer you should ensure that you write up employment contracts for any long term employees that work for you. An employment contract should set out the basis of your relationship with your employee and their rights and responsibilities during their term of employment. You should write up a contract as soon as your new employee accepts your offer of employment. This will offer protection to both you and your employee should anything go wrong.

While an employment contract does not need to be in writing to be valid it is advisable to do so as it will be easier to prove that an agreement has been made rather than relying on what was said. As an employer, you must provide your employees with a contract within two months of them starting work. This should include the main terms and conditions of their employment. You may want to consider giving new employees a rundown of the terms and conditions of their contract before they start work to ensure that they are fully aware of what they include.

There are some basic terms which are included in all employment contracts whether expressed in writing or not. These are that trust and confidence will be maintained through cooperation, that you will act in good faith towards each other and that care will be taken to ensure the health and safety in the workplace. It is possible for implied terms to become part of an employment contract as they are supported by the behaviour of those working in the company and through company rules, particularly if an employee has been made aware of them at the start of their employment.

The written statement that you provide to your employees should cover basic things such as names and when the employment contract starts. It should also include a section about pay and working hours. You should go into as much detail as possible as this will help you to resolve problems easily when things go wrong, for example if an employee gets sick, you should have a sickness procedure in place regarding time off and pay.

You will only need to provide employment contracts for people who are directly employed by you for example any outside contractors that you bring in to carry out certain tasks.

If you break an employee’s employment contract they have the right to take legal action against you. Standard procedure would be for them to come to you first to discuss any issues that they might have. Many disputes will be able to be resolved in this way. If this fails, the employee can take you to court to seek damages for any losses that they received due to your breaking of their contract. If the employee’s term of employment has ended they can take the case to en employment tribunal, if they are still employed by you, it will have to go through the courts. The same process follows if one of your employees break their contract.

Posted in Employment Contract