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Like any contract you come across in life, your employment contract should be studied in detail before you sign it. It is something you'll be held to in the event of any dissatisfaction or disagreement between you and your employer.
Here is some of the typical information you'll find within an employment contract.
Getting down to basics
A 'contract of employment', is an agreement between you and an employer which sets out your employment rights, responsibilities and duties. These are called the 'terms' of the contract.
Your employment contract doesn't have to be in writing. However, you are entitled to a written statement of your main employment terms within two months of starting work. The employment contract is made as soon as you accept a job offer.
If you start work it will show that you accepted the job on the terms offered by the employer, so obviously, having a written contract could cut out possible disputes with your employer at a later date, and will help you understand your employment rights.
You and your employer are bound to the employment contract until it ends, (usually by giving notice) or until the terms are changed (usually in an agreement between you and your employer).
Types of employment contracts
The terms of your employment contract could be of several different types, two of which we touch on below:
- Written statement of employment particulars
If you are an employee who has been working for your employer for longer than one month, you have the right to receive a written statement of employment particulars. This will set out some of your main employment rights. For example, you'll find details of your expected working hours – maybe including punctuality along with what is expected from you as an employee or that company.You'll have details of your salary and also information on notice periods you have to give should you decide to leave.
- Contract to provide services
If you have a 'contract to provide services' or a 'contract for services' with someone then this is different from an employment contract and generally means you are self employed. This is simply an agreement between you and another person to undertake some work for them.
Changes and amendments
Obviously, you will have agreed to your entitlements and conditions of behaviour once you signed your contract of employment.
These may be subject to revision from time to time; however, the employer cannot change them, or take agreed benefits away from you without your consent.
Remember, that entitlements which form part of your contract of employment however, should not be confused with the general benefits you may receive which are simply a matter of company policy; such as:
- Receiving a day off for your birthday
- Christmas meals
- Days off
- Staff days out
- Free drinks
- Subsidised restaurant
Many of the above benefits are not written into your contract but are simply part of the culture of a company and may be changed or withdrawn when a company feels it's time for a change or they wish to make cutbacks.
What to do if you have a problem
If you have a problem at work, and there is a clear breach of the employment contract, you should first try to sort out the problem with your HR Manager, or if in a smaller company, your manager. If you have an employee representative, such as a trade union official, they may be able to help.
If you still feel you have cause for complaint, you could contact the Advisory Conciliation and Arbitration Services ( ACAS ) for help or make a claim to an Employment Tribunal. It is very unlikely you will have to go this far and most situations are sorted out at a very early stage.