Rank: Forum user 
|
I know this is not an H&S question but could some advise me if a contract of employment is a legal requirement, comments please, thank you
|
|
|
|
|
|
Rank: Super forum user 
|
As soon as you start work with somebody there is a verbal contract; not a statute, civil law. There is no requirement for a written contract AFAIK, they are just useful,
John
|
|
|
|
|
|
Rank: Super forum user
|
|
|
|
|
|
|
Rank: Super forum user
|
jwk wrote:As soon as you start work with somebody there is a verbal contract; not a statute, civil law. There is no requirement for a written contract AFAIK, they are just useful,
John Hmm: "Most employees are legally entitled to a Written Statement of the main terms and conditions of employment within two calendar months of starting work. This should include details of things like pay, holidays and working hours" http://www.acas.org.uk/index.aspx?articleid=1577Of course, any of the terms and conditions the employer inserts, which breach any laws/regulations/etc...are invalid anyway.
|
|
|
|
|
|
Rank: Super forum user
|
Thanks John,
Useful site,
'As soon as someone accepts a job offer they have a contract with their employer. An employment contract doesn’t have to be written down.'
and
'An employer must give employees a ‘written statement of employment particulars’ if their employment contract lasts at least a month or more. This isn’t an employment contract but will include the main conditions of employment.'
So a contract exists but doesn't have to be written down. I must admit I usually have had a written statement of contract, but not always
I'd be interested in what Latchy is wanting to know,
John
|
|
|
|
|
|
Rank: Super forum user
|
There used to be, buried deeply, within the WTD, a clause stating that if an employee did not have written terms and conditions of employment, their holiday pay was an average of their full hours worked each week over a 17 week period.
The whole things is irrelevant anyway, most employers have no idea that THEIR imposed terms and conditions do not apply if legislation says otherwise. And they don't care anyway. Look at night workers....I know loads that work 12 hours a night, over the entire week...and overtime. No wonder most employers NEED professional advice....
|
|
|
|
|
|
Rank: Forum user
|
The contract clarifies the T&C of employment, but as most contracts refer to procedures and policies that are not provided at the time, they are not necessarily easy to enforce. Best practise is a written contract as it should clarify basic issues, but not complex situations.
|
|
|
|
|
|
Rank: Forum user
|
A contract can be written or verbal, as other members have posted. Where this would likely come to a head is if the employer was obliged to show how they had acted reasonably and in good faith in terms of setting out and maintaining the rights and obligations of employer and employee such as in a dispute between employer and employee or in the case of a claim or grievance situation. Very hard for the employer to show that they have acted reasonably if they have not even issued a written agreement setting our the details of the contract. Provision of such a document would be regarded in most jurisdictions as a reasonable expectation from either party to the contract.
|
|
|
|
|
|
Rank: Super forum user
|
From CAB advice guide [useful,for all employment etc problems]
It says:
Written statement of the main terms and conditions of employment
All employees, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work. The statement describes the main terms of the contract of employment.
The statement must give details about:-
job title
wages
hours of work
holiday entitlement
sick pay
pension schemes
notice
grievance, dismissal and disciplinary procedure.
For more information on the written statement of terms and conditions see Contracts of employment.
|
|
|
|
|
|
Rank: Super forum user 
|
Gavin Gibson wrote:The contract clarifies the T&C of employment, but as most contracts refer to procedures and policies that are not provided at the time, they are not necessarily easy to enforce. Best practise is a written contract as it should clarify basic issues, but not complex situations. There are also 'implied terms' with a contract of employment. For example, the emloyer looking after the health, safety and welfare of the employee is not normally written within the contract, but statutory and civil law covers this aspect, hence it is implied.
|
|
|
|
|
|
Rank: Super forum user
|
"I know this is not an H&S question but could some advise me if a contract of employment is a legal requirement, comments please, thank you"
Strictly speaking, a FORMAL CONTRACT is not.
However, since every employee is ENTITLED to his/her terms of employment in written form, you can say that they are a legal entitlement.
As I have pointed out, several times, to employers, if their terms of employment are contrary to law, then they are not valid (of course, many do not agree...but in that they are wrong).
Funnily enough, I was asked a few years ago to sign an opt-out to the working time directive. For a night work job. I never sign them anyway.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.