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If
you employ someone to work for you, then it is important to
work out at the beginning what the terms of your agreement
are. This agreement or employment contract is vital, as
it will govern any disputes between you and your employee.
It pays to set out the basis of your relationship clearly,
as it can help you have a more productive employment relationship,
and protect you if things go wrong. In theory you do not need
to put your agreement in writing, but this is usually the
safest way of proceeding. In any case, the law requires you
to provide all employees with a written statement of their
employment particulars within 8 weeks of starting work. This
can be in a written contract or as a document in its own right.
Written Statement of Initial Employment Particulars
This must contain the following -
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The names of the employer and employee |
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Employer's address |
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The date of the beginning of the employment |
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The date when continuous employment began
( this may not be the same as the beginning of this employment,
as it could include earlier employment where a business
has changed hands) |
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The amount and method of calculating
pay |
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The intervals at which payment is made |
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The hours of work |
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Holiday entitlement |
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Job title or description |
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Place or places of work |
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Details of sickness procedure and sick
pay |
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Details of any pension entitlement |
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Period of notice required to end the
contract |
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If temporary employment - how long for
- or if fixed term |
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If there are any collective agreements
affecting the contract |
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Disciplinary rules ( unless small employer) |
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Grievance Procedures |
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Any details of work abroad if for a period
exceeding one month |
Contracts of Employment
Written employment contracts
contain express terms that govern the relationship between
the parties. As well as covering the matters stated above
under Initial Employment Particulars, it is usual to insert
other clauses relating to matters such as confidentiality,
and in some cases, restrictions on what the employee can do
when his employment ends. These clauses need to be carefully
drafted to protect the employer's business without being an
unlawful restriction on the employee's freedom.
As well as express terms, the law will imply other terms
in the contract, for example that the employer will pay wages,
without making improper deductions, that he will take reasonable
care of the employee's safety, and will co-operate with the
employee so as not to destroy the relationship of mutual trust
between them. In addition the law implies that an employee
has a duty to co-operate with the employer, that he will obey
reasonable and lawful instructions, take reasonable care and
abide by his duty of fidelity. This duty is a duty not to
compete with the employer, not to disclose confidential information,
not to benefit from the work done for the employer, and not
to be dishonest.
Restrictions - The National Minimum Wage and Working Hours
Whilst
the parties have a great deal of freedom in relation to the
terms of an employment contract, the law sets down minimum
rates of pay and controls the number of hours most employees
can work. In addition there are special rules about Sunday
working. As an employer you must take care to ensure that
you do not breach these rules.
Discrimination
You must also take great care to ensure that the terms on
which you employ people are not discriminatory. There must
be no discrimination on the grounds of race or sex, and there
are important rules relating to disability discrimination.
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