Basic terms and conditions should be issued to all members of staff within 60 days of joining an organisation as an employee. These include details of hours and days worked, salary, holidays, notice and absence.
We draft bespoke Employment Contracts containing all of the above clauses as well as additional clauses to protect the organisation in terms of confidentiality, probationary periods and restrictive covenants.
Permanent contracts should contain the following information:
- the name of the organisation
- the employee’s name, job title or a description of work and start date
- if a previous job counts towards a period of continuous employment, the date the period started
- how much and how often an employee will get paid
- hours of work (and if employees will have to work Sundays, nights or overtime
- holiday entitlement (and if that includes public holidays)
- where an employee will be working and whether they might have to relocate
- if an employee works in different places, where these will be and what the employer’s address is
They should also contain information about:
- how long a temporary job is expected to last
- the end date of a fixed-term contract
- notice periods
- collective agreements
- who to go to with a grievance
- how to complain about how a grievance is handled
- how to complain about a disciplinary or dismissal decision
Fixed term Contracts
A fixed term contract terminates on a specified date or at the end of a particular project or a specific task, fixed term employees could be employed for seasonal work, casual employees taken on to cover a busy period or someone to cover for maternity leave.
Fixed term employees should get:
- the same pay and conditions as permanent staff
- the same or equivalent benefits
- information regarding any permanent vacancies within the organisation
- protection against unfavourable treatment.
- Fixed term contract are contracts that last for a specified time, or will end when a specified task or event has been completed.
- Employers must not treat fixed term workers less favourably than permanent employees doing the same or a similar job.
- Fixed term workers who work continually for the same employer for 2 years or more may have the same redundancy rights as a permanent employee.
- Contracts will normally end automatically when they reach the agreed end date.
- Employees on a fixed term contract for 4 or more years may automatically become a permanent employee.
Zero hours Contracts
The term ‘zero hours’ is not defined in legislation, but is generally understood to be a employment contract between an employer and a worker, which means the employer is not obliged to provide the worker with any minimum working hours, and the worker is not obliged to accept any of the hours offered.
It is important that both the employer and worker are aware of the fact that a zero hours contract can make their relationship different to other employment contract arrangements.
- Zero hours contracts normally mean there is no obligation for employers to offer work, or for workers to accept it.
- Most zero hours contracts will give staff ‘worker’ employment status.
- Zero hours workers have the same employment rights as regular workers, although they may have breaks in their contracts, which affect rights that accrue over time.
- Zero hours workers are entitled to annual leave, the National Minimum Wage and pay for work-related travel in the same way as regular workers.
Part-time work is when a worker is contracted for anything less than the basic full-time hours. There are no set number of hours that makes someone full or part-time; part-time working can be a good way of balancing work and personal commitments. There are many reasons why a worker may choose to work part-time it may be to simply improve their work-life balance or they may have caring responsibilities.
Part-time workers have the right to be treated no less favourably than comparable full-timers. This means they should:
- receive the same rates of pay
- not be excluded from training simply because they work part-time
- receive Holidays pro rata to comparable full-timers
- have any career break schemes, contractual and parental leave made available to them in the same way as for full-time workers
- not be treated less favourably when workers are selected for Redundancy.
- Part-time workers have the right not to be treated less favourably than a full time worker doing the same or similar work regarding the terms of employment (for example holiday entitlements and hourly pay rates should be pro rata).
- Part-time workers have the right to request a written statement of reasons for any treatment which is less favourable than a comparable full time worker.
- Part-time workers should be selected as a full time worker would be for promotion or redundancy.
For more information see www.acas.org.uk
Contracts for Services
Contracts for Services are contracts used to detail the agreement between and organisation and the Contractor providing a service, often through a Limited company. Key terms include details of the Services to be provided and how often; Fees and Invoice terms; Insurance; Termination and the fact the individual is not an Employee and has no Employment rights.
If you require any type of Contract please contact Susie Kaye via Susie@yourhrpartner.co.uk