There are many employers that do not provide its employees with an employment contracts.
They always dream that "if it is not in writing, then it does not exist," or "if there is no written contract, then we can do what we like with our employees. " These are not dreams - these are nightmares - which are sure to land the employer in court. Every employer is required by law to provide the employee with a written contract of employment not later that the first day of commencement of employment.Failure to do so could land the employer in jail for a term of imprisonment or to liability for a hefty fine. The contract of employment is a vital document - it regulates the terms and conditions of employment between the employer and the employee. It stipulates what the employer will provide in terms of benefits, and in terms of labour legislation, and it specifies what the employee is entitled to receive in terms of company policy, company benefits, and labour legislation.
It also regulates the behaviour of the employee in the workplace - because all company policies and procedures, as well as your disciplinary code, form a part of the employment contract. If there is no contract regulating these matters, it is extremely difficult to take action against the employee - if there is no contract, or if the employee has never been informed, then he has the right to conclude that it does not exist. In the contract, the employer normally tells you your right, it doesn’t really state what yours and their responsibilities are. It is normally stated in your job role.Next I am going to state some of the responsibilities that the employer as well as the employees have to fulfil, even if they are not expressly stated in the contract of employment. The employee’s responsibilities: •Comply with all the terms and conditions of the contract, if there is they don’t do that they risk to be dismissed.
•Follow health and safety regulations. For example, they are not allowed to leave boxes or other staff that can obstruct the fire exit. • Comply with other lows related to their work, like: if you are a teacher you must not drink while working.Also, the employer would expect us to: •Be responsibly competent and possess the skills asked at the interview •Be ready and willing to work and do what any reasonable employees would do in a situation •Take reasonable care of the employer’s property •Work towards the objectives of the organisation •Carry out reasonable instructions and requests •Be honest •Not disclose confidential information •Behave responsibly towards other people at work •Be prepared to change when the job changes, for example: new technology is introduced into the work place.The employer’s responsibilities: •Meet all the terms of the contract and notify employees of any changes within one month of these being made •Comply with all statutory employment law and regulations, e. g.
pay minimum wage. •Provide a safe working environment. For example, in Iceland the employers must provide their employees with protective jackets when they deal with fridges.•Provide appropriate training •Allow employees to join a trade union or staff association, if the employer does not respect that then you as an employee can sue them.
Allow employees access to confidential records keep on them. For example in Argos everyone have their own file where they can access to see their records. Also, the employees can also expect the employer to: •Treat them reasonable •Give them the opportunity to participate in and be consulted on company matters that would directly affect them •Never ask them to do anything that is illegal. As we see the terms of employment are very important to both of us, and if we do not fulfil our duties then it can have consequences.
