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contract
i have worked for a hotel chain for over 2 years,my employer will not give me a contract of employment,they say i have a verbal one and that is all that is required by law,,
the problem is that they have now added another job on top of my own,,this extra work came about because they fired the guy who done it,,so my thoughts are that i should at least get a wage rise as they are saving a wage,my employer says i have to do the extra with no rise or i will be sacked as well,.
i understood everyone should get a written contract after 2 months??
any suggestions on my predicament???
the problem is that they have now added another job on top of my own,,this extra work came about because they fired the guy who done it,,so my thoughts are that i should at least get a wage rise as they are saving a wage,my employer says i have to do the extra with no rise or i will be sacked as well,.
i understood everyone should get a written contract after 2 months??
any suggestions on my predicament???
Answers
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They are obliged to give you a written statement within 2 months of the start telling you who the employer is, the job title, where you work, the hours, how much you get paid and the frequency of payment, entitlement to holidays. This is the minimum information. That isn't quite the same thing as a contract of employment, but go back and ask for the above things.
You've no automatic right to more money, but its worth asking for.
You've no automatic right to more money, but its worth asking for.
A contract of employment may be oral, written, implied or a mixture of all three. If you have no written contract your continued attendance at work and your employer's habit of paying you wages form the substantive part of the contract. The description of your job is not strictly speaking part of the Contract Of Employment. If you have not been given a written Job Description you can deduce the terms of your job from a variety of places including:
* the original job adverts
* letters of application and acceptance
* agreements concerning duties and pay rates (written or oral)
* staff rules and handbook
An oral contract is as binding as a written one, although its terms may be more difficult to prove.
Where an employee has been working for an employer for a month or longer, they should be given a statement (written or oral) of the terms and conditions of the job, and certainly within two months of starting their employment. In effect this is usually presented orally at the interview, and amended orally from time to time. As a courtesy if the Job Description was originally verbal then its alteration need only be verbal. Written Job Descriptions are usually changed by another written Description. There is no legal requirement for this convention, however.
This Job Description, written or otherwise, does not constitute a contract, but in the case of a dispute it can be used as evidence of an employee's terms and conditions.
If your employer says that from a certain time your job will include new tasks, additional to your present ones, and you carry on without comment then you have implied your agreement with the new arrangement. Had you said that the additional work would attract more wages or time off in lieu or some other arrangement when your employer told you of the change then you would have entered a negotiation phase and you would be quite entitled to
* the original job adverts
* letters of application and acceptance
* agreements concerning duties and pay rates (written or oral)
* staff rules and handbook
An oral contract is as binding as a written one, although its terms may be more difficult to prove.
Where an employee has been working for an employer for a month or longer, they should be given a statement (written or oral) of the terms and conditions of the job, and certainly within two months of starting their employment. In effect this is usually presented orally at the interview, and amended orally from time to time. As a courtesy if the Job Description was originally verbal then its alteration need only be verbal. Written Job Descriptions are usually changed by another written Description. There is no legal requirement for this convention, however.
This Job Description, written or otherwise, does not constitute a contract, but in the case of a dispute it can be used as evidence of an employee's terms and conditions.
If your employer says that from a certain time your job will include new tasks, additional to your present ones, and you carry on without comment then you have implied your agreement with the new arrangement. Had you said that the additional work would attract more wages or time off in lieu or some other arrangement when your employer told you of the change then you would have entered a negotiation phase and you would be quite entitled to
I�m always naively shocked that employers say they don�t know they have to provide a written statement. It�s been a requirement since 1993.
Bring this diplomatically to their attention. Escalate by using the grievance procedure if you have to. If they don�t get their act together, consider a claim via an employment tribunal. I think it�s worth a week�s pay at the moment in compensation and doesn�t cost you anything to claim online yourself. The reason is:
�Failure to provide a written statement of terms and conditions and any subsequent changes to those terms, Employment Rights Act 1996, Sec 11(1)�
Full details from: http://www.employmenttribunals.gov.uk/about_us /jurisdiction_list.htm
Oh, and look for another job. You can do better.
Bring this diplomatically to their attention. Escalate by using the grievance procedure if you have to. If they don�t get their act together, consider a claim via an employment tribunal. I think it�s worth a week�s pay at the moment in compensation and doesn�t cost you anything to claim online yourself. The reason is:
�Failure to provide a written statement of terms and conditions and any subsequent changes to those terms, Employment Rights Act 1996, Sec 11(1)�
Full details from: http://www.employmenttribunals.gov.uk/about_us /jurisdiction_list.htm
Oh, and look for another job. You can do better.
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