Contract Employee Agreement - work contract

The contract between the employer and the employee is an important part of the employment relationship. You might not have anything written down, but you still have a contract even if nothing is written down. In order to do this, you will have to agree to work for your employer and your employer's agreement to pay you for the work that you do, in order to form a work contract. If you are going to start a new job, you must receive a written statement from your employer on the day you start. There must be certain conditions spelled out in the statement.

In a contract, both you and your employer are given certain rights and obligations. It is very common for you to have a right to receive payment from the company when you are doing the work. Your employer has a right to instruct you reasonably in regards to your job and for you to be able to carry out your duties at your workplace. "Contractual terms" are the terms that define these rights and obligations.

Your contract of employment extends beyond the law-for example, the right to get paid the National Minimum Wage and the right to paid holidays.

Your employer and you can agree to all the terms of your contract, but you can't agree to a contract that limits your rights.

It is a common practice to have one express term and one implied term in a contract of employment.

Terms implied by the Contract

The following are implied terms in every employment contract:

• You have an implied contractual term of trust with your employer, so if you lie when you say your sick, you've broken it.

• The employer and you are each responsible for one another and other employees - for example, the employer should provide a safe working environment for you.

• The law doesn't define reasonable, but it wouldn't be reasonable to tell you to do something illegal if your employer gives you 'reasonable' instructions

Practices and customs implied

Custom and practice can imply terms only when there's no express term. By custom and practice, if you've worked 35 hours a week for 10 years, even though your contract only says 30 hours, you're not allowed to work 35 hours.

There is an exception to this if you and your employer have verbally agreed to 35 hours per week.

Your contract is broken

Your employer or you can break a contract by not following terms. An example of a breach of contract. You have a breach of contract if you are dismissed and your employer fails to give you the notice you are entitled to under your contract.

Withdrawal of a job offer

The job offer may have been subject to conditions, so you may not be able to take any action.

It's pointless to try to negotiate the job offer if there are conditions attached - like satisfactory references or passing a test. Because there is no contract of employment, only a conditional offer.

You're breached of contract if you accepted a job offer that was unconditional or met the conditions and it was withdrawn. In the event a job offer is unconditional and accepted, it becomes a contract of employment. Courts and employment tribunals can award compensation for breach of contract.

The new employer has to give you the notice period specified in the contract. Unless you have a right to contractual employee agreement notice, you can request 'reasonable notice'.

Employment tribunals can hear discrimination claims if you believe the job offer was withdrawn because of discrimination.

Getting your employment contract in writing

Every new employee has a right to a written statement from their employer. Your weekly hours don't matter. It should summarize the employment contract.

Statement must include:

• Your name and your employer's name, along with their contact information

• The date on which you began working for the company

• In addition, you will need to know when your pay will arrive, for example, weekly or monthly

• How many hours a day do you work

• What your holiday entitlement is and how many days off you are entitled to as well as how much you will be paid as part of your holiday, if any,

• Whether or not you are entitled to an adequate warning before you are dismissed, as well as whether or not you must give the employer an adequate warning before you leave the workplace if you wish to quit

• Job title (the job that you are applying for)

• In general, it is important to know where the job is located, for example, will you have to work at more than one place during your employment

• Disciplinary procedures for employment agreement at work, including the procedure for dismissals and grievances

• What your sick pay rights are and how much you are entitled to

• When you work for an employer that has an occupational pension scheme, you should ask whether you are eligible to participate

You can claim automatic unfair dismissal if your employer dismisses you for asking for your job terms and conditions.

Statutory rights and contractual rights

A set of rights that are given by law to employees are known as statutory rights and are protected by law. As far as your employment contract is concerned, any rights you have under it are in addition to any rights that you do have under the law.

In accordance with statutory rights, individuals are entitled to the following:

• In the United States, holidays are paid

• Ensure that they are paid a minimum wage that does not fall below the national minimum wage

• A written statement describing the terms and conditions of employment should be provided

• A pay statement which details each item on the pay scale

• There are maternity leaves available every year

• In the event that you have been laid off, you may be entitled to compensation

• Be free from unfair dismissal by the employer

Whether you and your employer agree on the terms of your employment contract is entirely up to you both. Although, you can't agree to a contractual term that makes you worse off under your statutory rights than you are now under the terms of the employment contract.

It is very important to understand that if there is a contractual term that makes you worse off, for instance, you have agreed to work for less than the National Minimum Wage in your contract, then your employer cannot enforce the agreement. As long as you meet certain criteria, you will still be legally entitled to receive the National Minimum Wage.