Employment Contracts

When you start working for someone, be it an organization, company or an individual, you involuntarily enter into an employment contract. As a worker, it is important you are familiar with the terms and conditions you have agreed to, and what implications these have. If you do then encounter a disagreement with your company, you can be sure of your legal position.

What is an Employment Contract? 

A contract of employment is an agreement between an employer and employee. This may either be a written, verbal or an implied understanding. Whichever way, the contract is intended to set out the particular terms of the rights, responsibilities and duties of both employer and employee.

You enter into a contract as soon as start work. The very fact that you have started your work indicates that you assent with the terms of employment, even if you are not sure what these are. For the sake of clarity, it is a good idea to ask for a copy of your contract in writing - something you are entitled to within two months of being in a job. Should you later face a dispute with your employer, your written contract could prove very helpful.

You are then bound to your employment contract until it comes to an end, either because you have been given notice, or because you and your employer have agreed to change the terms.

Terms of an Employment Contract.

The terms of an employment contract will vary in every case, and will be mostly dependent on whether you are working under a fixed term contract, part-time contract, in continuous employment or have flexible hours. However, if you do request a written document of your contract - known as a 'principal statement' - then this should at the very least contain:-

* The legal name of both employer and employee;
* The employee's job title, with a brief description of duties;
* The date employment commenced;
* Details of pay, how this has been calculated and when it is to be paid;
* Any entitlements - such as holiday leave and sick pay;
* The address of the place of work.

If you have any query as regards an employment contract, speak to a solicitor who specializes in employment law. They will be able to discuss the terms of your employment contract with you, advising you on both yours and your employer's legal responsibilities, and whether or not they have been breached.

Should you face any contractual disagreements with your employer - for example, because your employer has failed to comply with the terms of the contract - then you should begin by trying to settle the matter within. Speak to your employer and attempt to discuss your complaint. It may be that it was a simple misunderstanding, and the issue can be easily rectified.