A Contract of Employment is an arrangement between an employer and employee which outlines the employee’s duties, responsibilities and employment rights. The contract in fact comes into being when the employee agrees to a employment proposal from an employer and the employee and the employer are bound to the employment contract until it ends (for instance, by giving notice) or until the conditions are changed by agreement. Written and Verbal contracts A contract of employment can either be written or oral. A written agreement should set out all the terms and should be signed by both parties. There can be written variations to an original agreement where a spoken contract will include the conditions offered by the employer before an employee accepted the job. There must be assurance as to the verbal terms of the contract. Unclear statements may not be built-in as part of the contract thus it is much better to endeavor to get either a written contract or a written statement of details which clarifies all the terms. A written testimonial of details that if no contract is delivered when an employee originally starts then an employee is at the very least legally allowed to a written declaration of details of their main employment terms within two months of beginning work. These details must be kept within a single document and include the names of the parties, the dates when employment started, job title or explanation, hours and vacations, the details of remuneration and location of work. An employer’s failure to include a term does not stop an employee from enforcing such a term. The actual terms of a contract of employment may be expressed or implied. Express terms of the contract comprise of those found in the contract of employment, offer letter or can be verbal statements prepared between the parties. Express terms may also be incorporated by reference to other documents, such as a staff instruction manual. Implied terms are those that have not been specifically stated but which would be accepted by the parties to create part of the contract. They are terms which are so obvious that they are assumed to be included; or are necessary as a matter of business sense; or are those incorporated via custom and practice of the industry. Ordinary terms which are implied into a contract for an employee include Fidelity, Confidentiality and non disclosure of trade secrets and Obedience. Ordinary terms which are implied into a contract for an employer include providing a safe working environment to give work or give redress for grievances
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What are your Employment Law Rights and what should you look out for?
Feel free to contact Philip Landau and Employment Law Solicitor at http://www.cityredundancies.co.uk/employmentlawadvice.htm and get free advice and help at http://www.cityredundancies.co.uk
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