Rights and Responsibility of different Employment Contracts Flashcards
3.1 Employment rights and responsibilities of the employer and employee (29 cards)
What is the employment status and legal status of an employee?
- They have regular hours (working pattern)
- are required to be available and undertake work for an agreed salary
- They have the most obligations to their employer
- have employment rights however some are subjected to a minimum lenght of continuous employment
What does employee mean?
Someone who works unser a fixed-term or permanent contract.
What does continuous employment mean?
When an employee works for an employe without a break in employment; it is calculated from the first day they started working for that employer; some breaks in employement count towards continuous employment.
What is the employment status and legal status of a worker?
- may not have regular or guaranteed hours or working patterns and may not be obligated to be available for work.
- However they still have employment rights.
What does worker mean?
someone engaged under a casual contract.
What is the employment status and legal status of a self-employed person?
- the flexibility to choose when and what work they undertake,
- determine what fees they charge and are not paid a formal wage.
- They have the fewest employment rights.
What does self-employed person mean?
someone who works independently for themselves, normally operation under either a service contract or consultancy agreement.
What employement rights do employees and workers share?
- being paid at least the national minimum wage
- recieving a wage slip/payslip showing the hours worked and the associated rate of pay.
- recieving the atatutory minimum rest breaks
- being protected against unlawful discrimination
- being protected for whistleblowing
- recieving statutory maternity, paternity, adoption, and shared parental pay.
What extra employment rights does a employee?
- protection against unfair dissmissal
- A minimum period or notice if employment is terminated
- statuory redundancy pay
- the right to request flexible working
- time off for emergencies
- statutory maternity, paternity, adoption, and shared parental leave and pay.
What is the difference between full-time and part-time (permanent) contracts?
Full time is considered to be 35 hours per week and part-time is fewer than 35 hours a week
How long is a fixed-term contract?
these contracts last for a specified period of time or until a specified task is completed.
When are zero-hour contracts used?
In situations where an individual may be available for work as and when the employer needs them.
What are the key pieces of legislation that offer individuals rights and place responsibilities on the employers?
- Health and Safety at Work act 1974
- Health and Welfare at Work
- Equality act 2010
What rights does the employment rights act establish for enployees?
- Resonable notice before the contract is terminated.
- Compensation if they are made redundant
- Request flexible working arrangements
- Satutory maternity, paternity, adoption and shared parental leave.
- Satutory sick pay
- employers must supply a valid and fair reason for dismissing an employee.
What is some examples of unfair dissmissal of an employee?
- Health and safety concerns
- Assertion of satutory rights
- Request for flexible working
- Pregnancy or maternity.
What should you do if you are unfairly dismissed?
any claim must be made intially to Acas and to an employment tribunal within three months of the dismissal.
What does the national minimum wage establish?
the minimum pay per hour a worker is entitled to.
How is the national minimum wage determined?
By the worker’s age and whether they are an apprentice.
Who has the authority to take legal actin against employers who fail to pay minimium wage
His Majesty’s Revenue and Customs (HMRC)
What can workers do if they are not being paid minimal wage?
Make a claim to an employment tribunal
Does national minimum wage change depending on how the person is paid?
National minimum wage set pet hour and it doesn’t take in too acount of how an individual is paid.
How is an individual paid if they get paid by time work?
it is paid by hour
How is an individual paid if they get paid by Salaried hours?
by annual salary although may be pro rata for part-time staff
How is an individual paid if they get paid by Output work?
It is paid by quanntity or task and is sometimes reffered to as ‘pricework’
