Different Types of Employment Contracts and Their Contents Flashcards
3.1 Employment rights and responsibilities of the employer and employee (14 cards)
What is a contract of employment?
a legally binding agreement between an employee and an employer. The employee agrees to perform specific tasks and, in return, the employer will provide agreed remuneration (benefits such as salary)
How may a contract be agreed?
- Verbally
- In writting (letter, email)
- Demonstrated actions or behaviour
What are the 3 terms included in a contract?
- Express Terms
- Implied Terms
- Incorporated Terms
Express Terms?
Terms put in writing
Implied terms?
Terms assumed to be included beacuse they are ovious, legal requirements, or custom and practive
Incorporated Terms?
Terms included but referenced elsewhere, such as in a staff handbook.
The Employer Rights Act
Stats that employees or workers have a legal right to a ‘written statement of employement particulars’ from their employer on or before their first day of work
What is the purpose of a ‘written statement of employement particulars’
Also know as a employment contract.
Its purpose is to formalise the contract and provide evidence the contract exists. It also contains detailed additional info about the job that goes beyond the basic requirements of the contract.
What should be included in a written statement of employment particulars?
it should contain a minimum number of express terms.
There is also aditional info that can be included in the statement, or seperately bu must be provided within 2 months of the employement start date.
What additional info should be given to the employee within 2 months of the start date?
- Pension arrangements.
- Any terms and conditions that apply to other employees too.
- Details of any training provided by the employer that is not compulsory.
- Disciplinary rules and disciplinary and grievance procedures.
What does grievance mean?
A formal complaint made by an employee about their treatment at work by their employer or someone else they work with.
What organisational policies and procedures may be provided within an written statement of employement particulars?
- Travel expenses policy
- Absence due to illness
- Use of internet and email
What is a Restricity Covenant or Exclusivity Clause?
a contract clause that sets out what work an employee may or may not do during their employement or when they leave their employment.
What else can be added to a contract which should be contrained within the statement for clarity?
Restricity Covenant or Exclusivity Clause