Working without a contract of employment

What is an employment contract? Can I have a statutory contract of employment? If you feel your employer is trying to change your contract terms without your consent, or has done so already, you should seek legal advice from an Employment Solicitor. There is always a contract between an employee and employer. You might not have anything in writing, but a contract still exists.

This is because your agreement to work for your employer and your employer ’s agreement to pay you for your work forms a contract. Your employer has to give you a written statement within months of you starting work. Statutory rights without contract of employment You and your employer can agree almost any express terms you like but neither of you can agree to a term that leaves you worse off than is provided for by the law (statute). In other words, any contract of employment has to comply with your statutory rights. A contract of employment provides the employee and employer certain rights and obligations.

These rights and obligations are called contractual terms. If an employee does not have a contract what are the terms of their employment ? If there is a dispute, the court will decide what the actual terms are by looking at all the other documents and evidence. A verbal contract will automatically come into existence when a person accepts a job, but written contracts of employment will help businesses to protect themselves and reduce the risk of disputes or claims being pursued against them. If you are working for someone, there will always be a contract between you as the employee and your employer. That does not necessarily mean that you will have that contractual arrangement reduced to writing.

The simple fact that your employer has agreed to pay you, in return for you doing work for them, creates a contractual relationship. If there is no comprehensive employment contract , employees are entitled to request that the employer complies with section 2 and of the Basic Conditions of Employment Act. Making a flexible working request How an employee can make a flexible working request. Starting work without a signed contract means that your position isn’t clear, or even worse –it’s weak. It provides a solid and concise foundation that will help you navigate the law and make sure that you are on the right side of it.

If the business you work for is sol your employment usually transfers to the new owner (although there are some exceptions to this). The Transfer of Undertakings (Protection of Employment ) (TUPE) Regulations protect the statutory and contractual rights of employees who are transferred. Employment rights if you’re on a zero hours contract Zero hours contracts are becoming increasingly common and are offered in many sectors including the care industry, hospitality sector, warehouse work and couriers. Anyone who works for an employer for a regular wage or salary automatically has a contract of employment.

As an employer, the tax and employment responsibilities you have for your staff will depend on the type of contract you give them and their employment status. Usually, the employer and employee both need to agree to any contract changes. But an employee can insist on a change if they have a legal right to it. Employers usually must give employees at least the notice stated in the contract of employment or the legal minimum notice perio whichever is the longer.

Usually the ones interested in hiring without contract are private companies who avoid to pay taxes, health insurance or even your daily pay. When you work without contract, it‘s best to ask to be paid weekly or even daily. Agreement to change employment terms can be reached at the time of the change or may be given in advance in the employment contract , which may reserve the right for the employer to make certain changes. If there’s no flexibility clause covering the proposed change, the employer and employee would need to agree to the change before it can go ahead. Employers that make changes to employees’ contracts without their agreement will be in breach of contract.

As such, it is governed by contract law, which means that there needs to be: An offer of employment by the employer, which should be clear and unambiguous and may be conditional. To be a long term casual employee, you must have worked on a regular and systematic basis for at least months and have a have a reasonable expectation of continuing employment on such a basis.