contracts of employment. this is a legal document which sets out the details of a person’s...

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Contracts of Contracts of Employment Employment

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Page 1: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Contracts of EmploymentContracts of Employment

Page 2: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• This is a legal document which sets out This is a legal document which sets out the details of a person’s employment.the details of a person’s employment.

• It defines the legal relationship between It defines the legal relationship between the employer and the employee.the employer and the employee.

• When both parties have signed it, it is then When both parties have signed it, it is then binding.binding.

• Any breach could lead to disciplinary Any breach could lead to disciplinary action for the employee and legal action action for the employee and legal action against the employer.against the employer.

Page 3: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• You should receive details of your You should receive details of your terms and conditions of employment terms and conditions of employment in writing within 2 months.in writing within 2 months.

• This applies whether full-time or part-This applies whether full-time or part-time.time.

• Can be in the form of a letter or a Can be in the form of a letter or a formal contract of employment.formal contract of employment.

Page 4: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Key itemsKey items

• Your job titleYour job title

• Your hours of workYour hours of work

• Your place of workYour place of work

• The main terms and conditions of The main terms and conditions of your employmentyour employment

• Your pay and other benefits eg sick Your pay and other benefits eg sick pay and holiday paypay and holiday pay

Page 5: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• The date on which your employment The date on which your employment startedstarted

• The name of your employerThe name of your employer

• Your own nameYour own name

Page 6: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Additional informationAdditional information

(Can be given in a separate document)(Can be given in a separate document)

• The date your job will end if The date your job will end if temporary.temporary.

• Details of any trade unions Details of any trade unions agreements which relate to you.agreements which relate to you.

• Details of your employer’s grievance Details of your employer’s grievance and appeals procedure.and appeals procedure.

Page 7: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Further informationFurther information

(you must have access to this)(you must have access to this)• Details about sickness benefits and Details about sickness benefits and

sickness entitlement if you are illsickness entitlement if you are ill• Pension scheme detailsPension scheme details• How much notice you must give if How much notice you must give if

you want to leave the jobyou want to leave the job• Details of the disciplinary rules and Details of the disciplinary rules and

proceduresprocedures

Page 8: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Terms and conditionsTerms and conditions

• Working hoursWorking hours

These may vary for different people. These may vary for different people. Shift working, flexi hours.Shift working, flexi hours.

• HolidaysHolidays

Legally entitled to a minimum of 4 Legally entitled to a minimum of 4 weeks’ paid holidays if they are full-weeks’ paid holidays if they are full-time.time.

Page 9: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• Sick paySick pay

No legal entitlement to sick pay but No legal entitlement to sick pay but many employers will pay their many employers will pay their employees for a maximum number of employees for a maximum number of days at their normal rate of pay. days at their normal rate of pay.

It will vary between organisations.It will vary between organisations.

Page 10: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• NoticeNotice

There is a minimum amount of notice There is a minimum amount of notice that you, or your employer, has to that you, or your employer, has to provide if the contract is terminated.provide if the contract is terminated.

• Job requirementsJob requirements

Eg dress code, uniform or not being Eg dress code, uniform or not being able to take holidays at busy periods.able to take holidays at busy periods.

Page 11: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• Disciplinary rules and grievance Disciplinary rules and grievance proceduresprocedures

These will vary between organisations.These will vary between organisations.

• TrainingTraining

Your contract may state which training Your contract may state which training events are compulsory. These will be events are compulsory. These will be provided free.provided free.

Page 12: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• Health and SafetyHealth and SafetyYour contract will refer to the company Your contract will refer to the company

policies and must be followed.policies and must be followed.• Company rules and regulationsCompany rules and regulationsThis may coverThis may coverhow to report absenceshow to report absencesSmoking rulesSmoking rulesIT useIT useRight to searchRight to search

Page 13: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• Codes of behaviour and other Codes of behaviour and other company policiescompany policies

May includeMay include

Equal OpportunitiesEqual Opportunities

Maternity and paternity leaveMaternity and paternity leave

Emergency leaveEmergency leave

Welfare policiesWelfare policies

Page 14: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Legal rights of employersLegal rights of employers

All Employees will:All Employees will:• Work the hours statedWork the hours stated• Turn up for work or comply with Turn up for work or comply with

absence proceduresabsence procedures• Do the work they are asked to do as Do the work they are asked to do as

part of their jobpart of their job• Comply with any other conditions Comply with any other conditions

stated in the contractstated in the contract

Page 15: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• Follow health and safety regulationsFollow health and safety regulations

• Comply with other laws related to Comply with other laws related to their work eg not drinking and their work eg not drinking and drivingdriving

Page 16: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Employee rightsEmployee rights

All employers will:All employers will:

• Pay employees according to their Pay employees according to their contract contract

• Issue an itemised payslip showing gross Issue an itemised payslip showing gross and net pay and any deductionsand net pay and any deductions

• Comply with all statutory employment Comply with all statutory employment laws and regulationslaws and regulations

• Provide a safe working environmentProvide a safe working environment

Page 17: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• Provide appropriate trainingProvide appropriate training

• Allow employees to join trade unions Allow employees to join trade unions or staff associationsor staff associations

• Allow them access to confidential Allow them access to confidential records kept on them as employeesrecords kept on them as employees

Page 18: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Express rights and Express rights and responsibilitiesresponsibilities

• - those which are specifically listed in - those which are specifically listed in the contract.the contract.

Page 19: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Implied rights and Implied rights and responsibilitiesresponsibilities

• - those which are supposed to be so - those which are supposed to be so obvious that they don’t need to be obvious that they don’t need to be listed. This is fine if you know what listed. This is fine if you know what they are, but if you don’t then you they are, but if you don’t then you could easily risk doing something could easily risk doing something wrong.wrong.

Page 20: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Implied rights of employerImplied rights of employer

Your employer will expect that you:Your employer will expect that you:

• - are reasonably competent and - are reasonably competent and possess the skills you claimed you possess the skills you claimed you had at the interview.had at the interview.

• - are ‘ready and willing’ to the work - are ‘ready and willing’ to the work and will do what any ‘reasonable’ and will do what any ‘reasonable’ employee would do in a situationemployee would do in a situation

Page 21: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• - will take reasonable care of your - will take reasonable care of your employer’s property eg equipment employer’s property eg equipment and furnitureand furniture

• - will work towards the objectives of - will work towards the objectives of the organisationthe organisation

• - are prepared to carry out - are prepared to carry out reasonable instructions and requestsreasonable instructions and requests

• - will be honest- will be honest

Page 22: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

• - will not disclose confidential - will not disclose confidential informationinformation

• - will behave responsibly towards - will behave responsibly towards other people at workother people at work

• - will be prepared to change when - will be prepared to change when the job changes, eg when new the job changes, eg when new technology is introduced into the technology is introduced into the workplaceworkplace

Page 23: Contracts of Employment. This is a legal document which sets out the details of a person’s employment. This is a legal document which sets out the details

Implied rights as an Implied rights as an employeeemployee

Your employer will:Your employer will:

• - treat you reasonably- treat you reasonably

• - give you the opportunity to - give you the opportunity to participate in and be consulted on participate in and be consulted on company matterscompany matters

• - will never ask you to do anything - will never ask you to do anything which is illegalwhich is illegal