According to country law, an employer must provide a 'written statement of employment particulars', if a job is to last for a period of three months or more. Many employers provide standard contracts for all employees, but
others don't. Use this check list to see if your contract of employment contains what it should:
1. Who the contract is between. Your contract should include the business's name, even if that is an individual rather than a trading brand name. It must also include your details – full name, start date and a brief job description or title.
2. Details on pay. This means what your basic pay will be and the frequency of pay, whether it is weekly, fortnightly, four-weekly or monthly.
3. The hours you are expected to work are also included in most contract types, although so-called zero hours contracts may specify that hours can change. If your job means keeping to regular time, for instance office hours, then your contract should specify this. It should also cover overtime, weekend working and any other times you may be expected to work occasionally.
4. The usual place of work. This may be an office address. However, many jobs require on-site work, for example plumbing and domestic care work. In such cases, the scope of travel expected should also be outlined.
5. Relocation issues should also be covered in a standard contract of employment. This means detailing what the employee’s responsibilities are if the business should relocate.
6. The length of term of a contract must also be specified. For a permanent position, this is not always mentioned, but should be. Contracts which are temporary, for instance six-month terms, must state this clearly. Usually, you can expect some details about what the renewal procedure is, but this is not mandatory.
7. Notice periods should also be included in an employment contract. This will state how long you need to continue working for your employer once you hand your notice in. Although rarely important when you start a new job, it can be crucial to the way you handle getting your next one.
8. Information about grievances. Although an employment contract need not necessarily cover all of an employer's grievance and disciplinary policies, it must tell you where you can turn if you think you have a fair grievance or have been dismissed unfairly.
9. Pension provision is now a requirement of most employers as a part of their payroll function. If your employer is obliged to administrate a pension on your behalf by law, then your contract should detail this.
10. Holiday entitlement. Your contract must state your holiday entitlement in hours or days. It must also detail any requirements placed on you to work on public holidays.
What doesn't a contract have to say?
Some people think that an employment contract needs to cover almost every possible eventuality of working life. This is not the case and, if it did, then your contract would be huge and take you a week to read before signing it!
The most important elements are listed above, but here are some of the common things people think need to be included which, in fact, don't:
1. Sickness procedures do not need to be covered in a contract of employment. In the country, employers should have a policy in place that covers anything from occasional absenteeism due to illness, right through to long-term sick leave. A contract does not need to include this, but it ought to detail where an employee can gain access to the relevant policy.
2. Working overseas is something that comes up in many jobs. If your job description does not cover overseas working, then your employment contract does not need to mention it. If, however, you are expected to work abroad for more than one month per year, your contract should offer details of how pay will be made - including which currency it will be in.
3. Your contract does not need to detail how you go about getting promoted or taking on new responsibilities in a company. You may find this is covered in other policy documents, if your employer has them, but there is no obligation to include your likely career path in your contract.
If you are unsure about what is in your contract, then seek independent advice before signing it and ask your employer to clarify anything that you don't immediately understand.
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