Employment Contract - Book Report/Review Example

EMPLOYMENT CONTRACT Introduction Employment contract is an agreement between the employer and employee stating terms and conditions of work. The contract protects the rights of the employee. Employment contract does not deserve to be written in order to be legal (LLC 2012). The contract is a statutory document; according to United Kingdom law of 1996 on employment a contract of employment should be signed within two months’ period of employment (Legislation.gov.uk 2015). It is supposed to be agreed upon by employer and employee before the employee starts doing work. It is a document showing that the employee has accepted the job offered by the employee. It includes; name of employee and employer, date of starting to do the job, the date of the agreement, payments, duration of leave for employees, address of the employees, place of work, time of working, procedure of dealing with sickness,, procedure for the termination of the contract (Government of United Kingdom 2014).The contract of employment acts as a security for both the employer and the employee. Below is the draft of contract for Hands Reach. Contract of Employment This employment contract is in line with the Employment Rights Act of 1996 and United Kingdom domicile regulations (The Employment Document Company Staff Handbooks 2015). In case you agree working with Hands Reach, it will imply you have accepted the terms and conditions stipulated in this employment contract. I am delighted to inform you that you have been appointed as an employee of hands reach. This employment contract is made between: (a)Hands Reach. Here after referred to as the employer. Address----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------. Email---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Telephone number-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Fax----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (b).-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Here after referred to as the employee. Address----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Telephone number-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Fax----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Terms and conditions of the work 1. Job and title The employee will hold the position of -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------(job title) The employee will from time to time be required to do work that is not stated in his/her job title that is to say doing work that is in different line from his normal line of duty without extra remuneration (Lawrite 2015). However when there are any changes in allocation of duties, the employee will be consulted. 2. Manager. The employee’s immediate manager shall be---------------------------------------------------------------------though other managers will still be his/her managers too. 3. Probationary period The probationary period of employment will be 6 months .Within the probationary period the employee’s performance will be keenly observed by the employer (Experis Manpower Group 2015). After the probationary period the employer will decide to either add probationary period for the employee or end the probationary period. Either party may decide to terminate the probationary period summarily after providing a 2 week’s notice (Taylor 2015). 4. Employment and Continuity The first day of starting the job was---------------------------------------------------of------------------------------------------------------------------- The period in which the employee worked for a previous employer will not be considered as working with hands ltd. 5. Place of work The employee’s normal working place will be---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- However the employer may change the working place in accordance with the company’s preference. 6. Working Hours Monday ------------am to---------------------pm Tuesday------------am to----------------------pm Wednesday------------am to-----------------pm Thursday--------------am to-------------------pm Friday-----------------am to-------------------pm Saturday--------------am to-------------------pm Sunday----------------am to---------------------pm The employee’s should expect to be asked to work beyond the time indicated in the contract depending on the requirements of the organisation. The total hours of work in a week will be---------------------------------------- The employee will be entitled to a lunch break of-------------------------------- hour. The lunch break will not be paid, since the employee is not working by then. 7. Sickness and Disability In case of sickness, the employee must inform immediately his immediate line manager on his/her first day of sickness. The employee must give a valid reason for being absent from work, if the duration of absence was not more than 7 days. In case the employee is absent from work for more than 7 days he/she must produce a medical certificate from a general medical practitioner stating why he/she was absent. The certificate must be presented to the manager in charge by the 8th day of absence (Labour Relations Agency 2011). From subsequent absences, the employee must provide appropriate certificates of sickness to the manager. On each return from sickness, the employee must fill a self certification certificate. The employer will pay statutory sickness fee only from Monday to Friday. If the employee the sick employee does not follow the required procedures in time, he/she may face disciplinary action from the employer or statutory medical fee will be terminated or reduced. The employee must be examined by a medical practitioner chosen by the employer to ascertain his/her fitness to do the work. This examination shall be at the expense of the employer. 8. Holidays The employee is entitled to annual holiday of 28 days. In addition to the annual leave the employee may request for more holidays from the employer. The employee must give one week’s notice before commencement of the holiday. It is at the discretion of the employer to either accept or reject the request. All the bank or public holidays are to be taken by the employee as holidays. During the holidays, the employee shall be paid his/her normal salary. The employee’s holiday shall begin from------------------------------to--------------------------period of the year. The holidays missed to be taken by the employee cannot be carried forward to the following year. The holidays provided do not take in to consideration the holidays of maternity, paternity, and sickness. This group of people is obligated by law to have their holiday with full pay. The employee may decide to compel the employee to take a holiday though not stipulated among the yearly holidays or the holidays in according to the company’s policies. 9. Payment The employee pay will be £--------------- in gross monthly pay. The pay will be affected in arrears by bank transfers each month. Overtime will not be paid unless the overtime was requested and granted by the manager before it was done. The pay and period/duration of overtime should be agreed upon by both the employee and the manager. 10. Deductions from the Employee’s Pay The employer may decide to suspend the employee without pay or with reduced pay in case the employee breaches the organisation’s regulations. 11. Alternative Employment The employee not allowed seeking another employment during the official working hours of the organisation. In addition to the above, the employee is forbidden to seek for a job that offers similar services to this organisation. This restriction is upheld even when the employee is not within the official working hours (Legal Contract 2015). 12. Disciplinary Actions Disciplinary action ,if taken against the employee and he/she feels unfairly treated ,may complain to the person in charge of listening to employee’s complaints (Research Excellence Framework 2014). This complaint can be forwarded through writing. Other issues about discipline may be found in the employee’s note book. 13. Procedure of Grievance Solving In case the employee has a complaint against a fellow employee or just connected to the work, the employee’s first step should be to talk with his/her immediate manager about the issue. Secondly, if the case is so serious and the employee would like to handle it formally, he/she should write to the immediate manager. If the complaint is about the employee’s line manager and it is hard for the employee to sort it out with him/her, the employee should go to another manager who will be able to listen to his/her complaint. Under normal circumstances, the line manager will request the employee for a meeting within duration of five days. The employee may be escorted to the meeting by a colleague of his/her choice or a trade unionist (McCann, and Murray 2014). If the employee is dissatisfied with his/her line manager’s judgement, he/she should write to his/her line manager. The employee will then be invited to an appeal meeting within five days of writing the letter to his/her immediate manager. A verdict shall be delivered by a more senior manager within duration of 24 hours (SOAS 2015). The manager’s decision is final. 14. Pension This organisation does not offer pension to its employees. However, it may facilitate access to pension facilities from organisations that offer it. 15. Rules and Regulations The company’s rules and regulations are in accordance with the welfare of the employee and the customers of the organisation. The employee must try be diligent in implement the rules and regulations of the company (International Labour Organization 2009). In case, the employee fails to adhere to the company’s regulations, disciplinary action will be taken against the employee. 16. Termination of Employment After the completion of the probationary period, either party may decide to terminate the contract after giving one week’s notice. If the employee has been working for a period of two years, then one week’s notice is required by either party before the termination of the contract. After completing two years of employment, one week’s notice shall be offered for each additional year for up to a maximum of twelve years (Durham Law School 2015). It is at the discretion of the employer to pay the employee in lieu of the notice. The employer shall pay the employee the basic salary during the period of notice or dismissal. It is at the discretion of the employer to oblige the employee to continue doing the work that he/she was entitled to before notice of the termination of the employee. 18. Searching of the Employee and his/her Property The employer may decide to search the employee and his/her property if the employer suspects the employee of breaking the organisation’s rule on alcohol and drugs or to have committed an offence. In case the employee refuses to be searched /and or his/her property, this may be construed as breach of the organisation rules and regulations which may lead to disciplinary action being taken against the employee (The Company Wizard Limited 2015). The disciplinary action may even include expulsion. 19. Lay off If there is reduction in job, the employer may decide to lay-off the employees whose work has been affected or reduce the time of work done by the employees. 20. Change of Employment Terms and Conditions The employer may decide to change the terms and conditions of the contract, after consulting the employee if the employer deems it fit for the operation of the organisation from time to time (Buck 2013). Before changing the regulations of the work, the employer will provide a four week’s notice to the employee. 21. Alcohol and Drugs Abuse The employee must adhere to the alcohol and drugs abuse policy as regulated by the employer. If the employee fails to follow the regulation, a disciplinary action will be instituted by the employer on the employee. 22. Gratuities The employee is forbidden from taking any gifts offered by the organisation’s clients or any trading partners of the organisation. The employee must report by writing any such gifts to his/her line manager. It is only the line manager who can grant permission to the employee to take such gifts. 23. Property Files, books, and records made by the employees in relation to the organisation shall remain the sole property of the employer and the organisation. Upon the end of the employee’s term of employment, he/she must leave them in the company. If the employee is in possession of any property of the company, he/she must return it upon demand by the employer. 24. Health and Safety Policy The employee must adhere to the policies of the organisation as pertaining health and safety. If the employee fails to adhere to these policies, a disciplinary action shall be taken against the employee. 25. Employment Contract By signing this contract form, the employee has accepted whatever rule and regulation is stipulated in it. Sign------------------------------------------------------- (employee) Date----------------------of------------------------------2015 Sign------------------------------------------------------- (for employer) Date--------------------------of---------------------------2015 Conclusion In United Kingdom, most employees of domicile jobs have part-time work contracts .Their contracts contain names, address, and telephone numbers of both the employers and the employees. The contract form also contains information about where the employee will be doing his/her work. It also features the day of starting the work, remuneration, and holidays .In nutshell the employment contract is a legal binding document which protects the employee while carrying out his/her duties at the place of work. It checks the excesses of both the employees and the employers. For instance the employee’s time of work, its duration, sick leave and maternity/paternity leave are all taken care of by the contract? . Bibliography Buck, E 2013, Probationary Periods-A guidance to Probationary Periods,  First Practice Management, viewed 29 April 2015 . Durham Law School 2015. Decent Work Domestic Workers: Equality and Legal Protection, Durham Law School, viewed 29 April 2015. . Experis ManpowerGroup 2015, viewed 29 April 2015 . Government of United Kingdom 2014, (Government Digital Services), v.3.0, viewed 28 April 2015, . International Labour Organization 2009, Viewed 29 April 2015 . Labour Relations Agency 2011, viewed 29 April 2015 . Lawrite 2015, viewed 29 April 2015, . Lawrite HR 2015, viewed 29 April 2015 . Legal Contract 2015, Create Your Employment Contract, The Trustwave, viewed28 April 2015, LegalContracts.co.uk 2015, viewed 29 April 2015 . Legislation.gov.uk 2015, Employment Rights Act 1996, viewed 29 April 2015 . LLC 2012, Create Employment Contract, Our top-rated tool is like working with a professional every step of the way, viewed 28 April 2015, . McCann, D and Murray, J 2014, Prompting Formalisation Through Labour Market Regulation: A ‘Framed Flexibility’ Model for Domestic Work, Industrial Law Journal, 43 (3): 319-348. Research Excellence Framework 2014, Viewed 29 April 2015 . SOAS 2015, viewed from 29 April 2015. . Taylor, A 2015, Employment Probation Periods: What You Need to Know, Safeworkers, viewed 29April 2015 . The Company Wizard Limited 2015, viewed 29 April 2015, . The Employment Document Company Staff Handbooks 2015, viewed 29 April 2015. . Read More