Характер работы в трудовом договоре: Характер работы в трудовом договоре: какой бывает

Как отобразить место работы в трудовом договоре при разъездном характере работы?

При трудоустройстве и заключении трудового договора в нем обязательно указывается должность и характер работы, которую выполняет сотрудник.

В нашей статье мы подробно расскажем о том, какие работы могут считаться разъездными, как это указывается в трудовом договоре, прольем свет на основные отличия между командировками и разъездным характером работы и осветим прочие нюансы, связанные с таким типом работ.

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Законодательство

При оформлении трудового договора первостепенно нужно обратить внимание на требования и нормы, которые указаны в Трудовом кодексе Российской Федерации. Так в пятьдесят седьмой статье ТК РФ (о содержании трудового договора) указано, что при оформлении трудового договора разъездной характер работы обязательно должен быть внесен в документ.

Работы, носящие такой характер

Следующие должности могут носить разъездной характер:

1. У работника отсутствует постоянное неподвижное место работы (водители).
2. Работник тратит определенное время на поездки от места постоянного размещения предприятия или фирмы до непосредственного места работы (строители, инженеры и т.д.).

Также стоит учитывать, что существуют работы, которые имеют подвижной характер, к ним относятся следующие должности:

1. Если работа выполняет в пути (стюардессы и стюарды, проводники и проводницы).
2. Когда работа подразумевает периодическую передислокацию компании (сотрудники, работающие в различных строительных фирмах).

Интересно, что в некоторых случаях поездки в другие города могут иметь лишь разовый характер, тогда допустимо оформление такой поездки как командировки.

Сама организация вправе своими локальными нормативными актами утвердить такой характер работы для других должностей (например, курьер-менеджер, который продает продукцию в разъездах). Также можно оформить подобный характер работы для специалистов с установки оборудования, страховых агентов и т.д.

Документальное оформление

Оформление разъездного характера работы несколько проще, чем оформление командировки, ведь для этого достаточно одного приказа руководителя с указанием нужных данных. Так в перечень таких данных входит следующее:

• Размер расходов на поездки, которые возмещаются организацией.
• Список должностей, которые имеют разъездной характер работы в фирме или компании.
• Порядок подтверждения начала и завершения поездки или перемещения.

Для подтверждения перемещения или поездки можно использовать специальные журналы учета перемещения или маршрутные листы, а также чеки и билеты. При таком характере работы не нужно оформлять персональные документы (приказ на командировку, например) при каждой поездке, достаточно наличия приказа руководителя с указанием характера выполняемых работ.

Допустимо оформление на фирме упрощенного порядка отчетности по перемещения и поездкам, если работа имеет именно разъездной характер.

Образец трудового договора с указанием разъездного характера работы можно скачать здесь. 

Основные отличия между разъездным характером работы и командировками

Характеристика	Разъездной характер работы	Командировка
Место выполнения трудовых обязанностей	Выполнение трудовых обязанностей вне постоянного места работы.	Выполнение трудовых обязанностей в постоянном месте работы, который установлен в трудовом договоре.
Время выполнения трудовых обязанностей вне постоянного места работы	Постоянно.	Временно, лишь на период поездки.
Как оформляется	1. Обязательно указывается в трудовом договоре. 2. В наличии должен быть локальный нормативный акт организации с соответствующими указаниями. 3. В приказе о приеме на работу.	Оформление командировочных документов (приказ на командировку, наличие служебного задания).
Возмещение расходов	Возмущаются расходы по проезду и по найму жилого помещения (при потребности).	Возмещаются расходы по проездку и по найму жилья, а также дополнительные расходы, одобренные руководством организации и связанные с командировкой.
Документы, в которых указывается порядок и суммы возмещенных расходов	1. В коллективном и трудовом договорах. 2. Внутренние нормативные акты организации.	1. Коллективный трудовой договор. 2. Внутренние нормативные акты организации. 3. Соответствующие документы связанные с направлением на командировку (приказ, служебное задание). 4. Другие законы и НПА из законодательства РФ.
Документы для оформления	Маршрутный лист или служебное задание по установленной работодателем форме.	1. Приказ на командировку. 2. Наличие служебного задания (по желанию работодателя).

В итоге, разъездной характер работы и командировки отличаются, как и по характеру выполнения работ, так и с точки зрения оформления и законодательства.

В свою очередь, подобный характер работы является постоянным, тогда как командировки происходят разово в определенное и четко установленное время.

Разовые поездки работников допустимо оформлять как командировки.

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Юрист. Практика в сфере недвижимости, тудового права, семейного права, защите прав потребителей

90000 Contract of employment 90001 90002 Introduction 90003 90004 Anyone who works for an employer for a regular wage or salary automatically has a contract of employment. Although the complete contract does not have to be in writing, you (the employee) must be given a written statement of terms of employment. 90005 90004 Since 4 March 2019, you must receive part of this statement, containing certain core terms of employment, within the first 5 days of starting a job. You must receive the remaining terms in writing within 2 months of starting work — see ‘Rules’ below.90005 90004 Most employees work under open-ended contracts of employment. In other words, the contract continues until the employer or employee ends it. Many others, however, work under fixed-term or specified-purpose contracts. These are contracts which end on a specified date or when a specific task is completed. 90005 90010 What must a contract include by law? 90011 90004 The contract of employment will include some or all of the following elements (regardless of whether the employer and employee have specified them or not): 90005 90014 90015 Terms that apply by law to every contract of employment (which may be known as ‘common law’).For example, the duty of every employer to provide a safe workplace and the duty of every employee to carry out the job to the best of their ability. 90016 90015 Terms that must be part of the contract as a result of laws passed by the Dáil. For example, the right to take maternity leave. Such terms are part of the contract even if the employer and employee do not specifically include them. They replace any earlier agreement between the employer and employee not to apply the particular law.For example, your statutory right to take maternity leave overrides any agreement between you and your employer that you will not take maternity leave. 90016 90015 Terms that must be in every contract, in accordance with the Irish Constitution. Examples include the right of an employee to join a trade union. 90016 90015 Collective agreements. 90016 90015 Joint Labour Committee Regulations. 90016 90015 EU laws. 90016 90027 90004 In addition, custom and practice in a particular workplace may form part of a contract (for example, a particular level of overtime pay for employees).90005 90002 Rules 90003 90004 90033 Core terms of employment 90034 90005 90004 You must receive a written statement of 5 core terms within 5 days of starting your job, as set out in the Employment (Miscellaneous Provisions) Act 2018. This Act applies from 90033 4 March 2019 90034. Employers face serious penalties if they do not comply. 90005 90004 The core terms that must be provided are: 90005 90042 90015 The full names of the employer and employee 90016 90015 The address of the employer 90016 90015 The expected duration of the contract (where the contract is temporary or fixed term) 90016 90015 The rate or method of calculating pay and the pay reference period for the purposes of the National Minimum Wage Act 2000 (for example, a week, a fortnight or a month) — see ‘Pay reference period’ below 90016 90015 What the employer reasonably expects the normal length of your working day and week to be, in a normal working day and in a normal working week 90016 90053 90004 You can find a sample 5 day statement of terms of employment (pdf) on workplacerelations.ie. 90005 90004 90033 Additional terms 90034 90005 90004 You must receive a written statement of the remaining terms of employment (Your contract) within 2 months of starting work, in accordance with the Terms of Employment (Information) Acts 1994-2014. However, this requirement does not apply if you have been employed for less than a month. This must include: 90005 90042 90015 The place of work 90016 90015 The title of the job or the nature of the work 90016 90015 The date the employment started 90016 90015 Pay intervals (for example, weekly or monthly) 90016 90015 Any terms or conditions relating to hours of work (including overtime) 90016 90015 Paid leave (other than sick leave), including annual leave and public holiday entitlement 90016 90015 Sick pay 90016 90015 Pension and pension schemes 90016 90015 Period of notice to be given by employer or employee 90016 90015 Details of any collective agreements that may affect your terms of employment 90016 90053 90004 You can find a sample statement of terms of employment (pdf) on workplacerelations.ie. 90005 90004 If you are required to work outside the State for a period of at least one month, you must be given a written statement of the terms and conditions of employment, before you leave the country. 90005 90004 90033 Pay reference period 90034 90005 90004 The statement of terms must indicate the reference period that your employer uses to calculate your entitlements under the National Minimum Wage Act 2000. (Under that Act, your employer may calculate your minimum wage entitlement over a reference period of between a minimum of one week and a maximum of one month.) 90005 90004 90033 Signature 90034 90005 90004 The employer must sign and date the statement of terms, but there is no requirement for the employee to sign it. 90005 90004 The employer must keep a copy during the period of your employment and for at least a year after it ends. 90005 90004 90033 Disciplinary and grievance procedures 90034 90005 90004 Employers must have written grievance and disciplinary procedures, in accordance with the Code of Practice: Grievance and Disciplinary Procedures.This is drawn up by the Workplace Relations Commission. Your employer must give you a copy of these procedures at the start of your employment. 90005 90004 Within 28 days of your starting work, your employer must also give you written notice of the procedures to be followed before you are dismissed, in accordance with the Unfair Dismissals Acts 1977-2015. 90005 90004 90033 Specific provisions in contracts of employment 90034 90005 90004 Some employers now add specific provisions in contracts of employment, which limit the ability of employees to work in a certain sector or with certain suppliers or clients of the former employer for a period following the end of your employment.Employment law does not strictly forbid provisions like this, but nor does it specifically allow them. 90005 90004 Essentially, this is an issue of contract law — that is, the contract of employment signed and agreed between the employer and employee. If you have any concerns about this issue, you are strongly advised to seek legal advice from a competent legal professional before signing the contract. You can also seek such advice after signing it. However, you should shop around for quotes before accepting legal advice because of the variation in fees for solicitors.90005 90004 90033 Probationary period 90034 90005 90004 The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 1997-2015 will not apply if you are dismissed at an early stage in your employment while you are on probation or undergoing training, provided that: 90005 90014 90015 The contract of employment is in writing 90016 90015 The probation or training lasts for one year or less and is specified in the contract 90016 90027 90004 However, the Unfair Dismissals Acts will apply if you are dismissed due to: 90005 90014 90015 Trade union membership or activity 90016 90015 Pregnancy-related matters 90016 90015 Entitlements under maternity protection, parental leave, adoptive leave or carer’s leave legislation 90016 90027 90004 90033 Changes to your contract of employment 90034 90005 90004 A change in the law may cause changes to your contract of employment.Other changes must be agreed between your employer and yourself. Contract law requires both you and your employer to consent to changes in the terms of the contract. 90005 90002 How to make a complaint 90003 90004 You can find out more about your employment rights from the Workplace Relations Commission’s Information and Customer Services (see ‘Where to apply ‘below) or from this explanatory booklet on the Terms of Employment (Information) Acts (pdf). 90005 90004 The Terms of Employment (Information) Acts state that if your employer fails to give you written details of the terms of your employment, you can bring a complaint using the online complaint form available on workplacerelations.ie. 90005 90004 You must make the complaint within 6 months of when the breach of the legislation occurred. The time limit may be extended for up to a further 6 months, but only where there are reasonable circumstances which prevented you from bringing the complaint within the normal time limit. 90005 .90000 Employment Contract | UpCounsel 2020 90001 90002 90003 Employment contracts are generally used by employers, human resources departments or recruiting departments in the preparation of making an offer of employment to a prospective new hire. 8 min read 90004 90005 90006 What Is an Employment Contract? 90007 90008 An employment contract is the traditional document used in relationships between employees and employers for the purpose of laying out the rights, responsibilities, and obligations of both parties during the employment period.An employment contract has many synonyms in the modern usage within the employment law arena. They have traditionally been called Job Contracts, Employee Agreements, and Contracts of Employment. Given its purpose, an employment contract can be one of those vital documents utilized by an employer. The employment contract will allow an employer to solidify the relationship with employees to make certain that the key terms of the contractual relationship are understood by each party. 90005 90008 Typically, an employment contract will include information pertaining to compensation, vacation allotment, description of job responsibilities, any probation period, confidentiality or other clauses, as well as basic information about the employer and employee.The employment contract is traditionally reduced to a written document requiring the signature of both the employer and the employee. That said, an employment contract can also by implied if the employer and employee take specific actions based on the verbal statement made by either party or through other company specific employee-related documentation. 90005 90006 Who Needs an Employment Contract? 90007 90008 Employment contracts are generally used by employers, human resources departments, or recruiting departments in the preparation of making an offer of employment to a prospective new hire.If an employee is working for an employer who does not utilize any type of employment contract, the employee should strongly consider suggesting that an employment contract be drafted and signed. 90005 90006 Types of Employee 90007 90008 Generally speaking, employees are classified as individuals who are hired by a company and receive cash compensation from their employer for completion of their responsibilities. As the types of employment vary, employers must take great care to properly classify all workers when drafting a contract.For example, a full-time worker who is permanent would be an employee who meets the requirement for full-time employment and does not have a predefined conclusion date to their work. On the other hand, a part-time worker who is employed on a permanent basis does not meet the required number of hours for full-time employment and also does not have a predefined conclusion date to their work. 90005 90008 An employee who has been hired for a fixed time period is defined as a fixed-term employee and will have a predefined conclusion date for their work.Their contract will automatically conclude on the end date set forth in the terms and conditions of their employment. In addition, an employer may terminate a fixed-term employee without any notice. The fixed-term employee may also terminate his / her employment without any advanced notice. 90005 90008 An oral employment contract is simply an agreement that has been reached verbally rather than reduced to a written document. An oral employment contract is typically formed when a job applicant has been extended a job offer and has verbally accepted the offer, which will typically include an agreement on starting date, salary, and other logistical information.An oral employment contract, like a written employment contract, is also enforceable in a court of law, but it is generally harder to demonstrate its existence. Disputes over oral contracts are usually the word of an employee versus the word of an employer. 90005 90008 An employee agreement will typically be reduced to a traditional written agreement that will require the employer and employee to acknowledge and sign. That said, employers do not have to reduce every employee agreement to a written contract.In fact, more frequently than being reduced to writing, employee agreements can be implied via verbal statements or additional actions taken by either the employer or the employee. These implied agreements can take the form of company authorized memoranda, company policy and procedure, or employee handbook material. 90005 90008 Typical disputes between employees and employers over implied contracts usually revolve around an employee attempting to demonstrate that because of actions taken by the employer or statements made by the employer, the employee may only be fired for good reason and the employer’s actions were sufficient enough to meet the standard of an implied contract.It is important to note that like legal actions, different states will apply standards that differ from state to state when weighing whether an implied contract was formed. 90005 90008 For example, certain state courts will consider when the employer led the employee to believe that the employee had reasonable assurances that their job was secure. In addition, the court will generally give weight to the employee’s length of tenure as well as the employer’s policies for termination. Of course, if there is an agreement that has been signed indicating the employee is at-will, the previous points will be moot in the eyes of the court.90005 90006 What Is a Probationary Period? 90007 90008 Employers will often like to determine if the employee they interviewed meets the expectations they had upon hiring the employee. Thus, the common practice for newly hired employees is to be subject to a three-month probation period. 90005 90008 During this three-month probation period, the employer is evaluating the employee to determine whether the employee is a solid cultural fit within the company, if the employee truly has the skillset to perform his / her job responsibilities, and if the employer still believes that the employee can benefit the company in a long-term manner.90005 90008 Often, an organization will structure the three-month probation period to allow for the employer to terminate the employee for whatever reason without the need to provide reasonable notice or compensation. 90005 90006 Types of Clauses in an Employment Contract 90007 90008 Employment contract clauses are generally inserted in the contract to protect an employer from a variety of possible issues that may arise in the course of an employment relationship. The following are several clauses that are found in a traditional employment contract: 90005 90042 90043 90044 Best effort clause 90045 — this clause is used to ensure that an employee is bound to do his / her work to the best of his / her ability while remaining loyal to the employer.90046 90043 90044 No Authority to Contract 90045 — this clause leaves no uncertain impression that the employee / employer relationship is anything more than just an employment relationship. There is no agency relationship. 90046 90043 90044 Confidentiality clause 90045 — are generally used to ensure that an employee does not divulge confidential or proprietary information outside the employer’s walls. 90046 90043 90044 Non-compete clauses or agreements 90045 — require an employee to agree to a restriction that will limit the employee’s ability to work in a similar capacity for a competitor.In addition, employees are also restricted from participating in a business that would be in direct competition with their previous employer. 90046 90043 90044 Non-solicitation clause 90045 — an employer may be concerned that an employee who has resigned may attempt to take customers or other employees from their former employer for the benefit of their new employer. Like non-compete clauses, non-solicitation clauses must meet certain parameters to be declared valid, such as a provision that limits the time in which this restriction would apply to a reasonable length of time.90046 90043 90044 Inventions ownership language 90045 — requires an employee to acknowledge that any inventions developed during employment are the property of the employer. 90046 90043 90044 Exclusive employment language 90045 — requires that the employee restrict his / her work to this company and they refuse to engage an employer in a similar function while the employee is currently employed via contract with their current employer. 90046 90043 90044 An additional compensation clause 90045 — requires that an employee not be entitled to any extra cash or non-cash compensation should he / she become an elected officer or a committee member.90046 90043 90044 Termination clause language 90045 — allows either party of the contract the ability to terminate their employment relationship. This would generally include situations in which the employee can no longer perform his / her job responsibilities due to a physical incapability. 90046 90043 90044 Arbitration language 90045 — is found in a contract to ensure that the employee will agree to resolve any issues with the employer through arbitration or mediation mechanisms, rather than a court of law.90046 90043 90044 Laws of a state language 90045 — asserts that should any conflict between an employee and employer result in a lawsuit, that lawsuit will be conducted based upon the laws of the state selected by the contract, regardless of the location in which it was filed . 90046 90087 90006 Termination and At-Will Employment 90007 90008 In the event of termination, an employee is most likely to use an employment contract to demonstrate that an employer did not have an exclusive right to terminate the employee.In many states, employment is most frequently classified as at-will, which allows the employer to terminate any employee at any given moment, so long as the rationale for termination is not an illegal action against the employee. An at-will employment agreement also works the other way, as it allows an employee to resign at any time. 90005 90008 Employees that have agreed with employers to obtain employment via an employment agreement will not be classified as an at-will employee, as the employee agreement will generally dictate the conditions upon which an employer may terminate an employee.Employers who form employment relationships with employees who are classified as at-will employees will require at-will employees to acknowledge via signature on an employee handbook that the employee confirms and understands that by signing the document his / her employment is an at-will arrangement . For at-will employees, it is important to understand that signing an acknowledgement or employee handbook is unlike signing an employment agreement as an employer may terminate an employee, so long as the reason is not illegal.90005 90008 Along these lines, employers may have limited rights when it comes to terminating an employee who can demonstrate that either they entered into an explicit contract to employ the individual for a specific period of time or there is an implied contract that could be shown to indicate that employment may only be terminated for cause. Employees who are relying on the enforceability of implied or verbal contracts may find that limitations as a result of a legal provision known as the statute of frauds will preclude them from bringing a successful claim.The statute of frauds in this context dictates that a verbal contract that can not be completed in less than one year would be deemed legally invalid. 90005 90008 For employees to likely succeed on a contract claim pertaining to a verbal contract, the contract must be specific to demonstrate enforceability. If an employer has made a statement along the lines of «you will always have a place on our team for as long as want,» you will be unlikely to prove to a court that the employer’s claim was an enforceable contract.That said, a few state courts have held that an implied contract may have been formed if the employer, over a period of years, engaged in a specific course of dealing in which employees were retained if certain performance standards were maintained. 90005 90006 Advantages of Using Employment Contracts 90007 90008 While most employment in the U.S. is at-will, employers may utilize employment contracts as a way to ensure that their most qualified talent is bound by the terms of a contract, which will be a deterrent to employees leaving the company and an advantage to the contract.90005 90008 Employment contracts can also incentivize highly skilled employees to join your company. The prospect of having a contract can ensure greater stability for the highly skilled employee. These employees may have other job offers and a contract with appealing terms could lure top talent to your company. Lastly, the presence of an employment agreement will provide the employer with greater control over the work being done by the employee subjected to the contract provisions. 90005 90008 Unlike an at-will employment relationship, the presence of a contract will preclude an employer from simply terminating an employee if the employer experiences a downturn in business or the employee does not meet the employer’s original expectations.Unfortunately, in either of these cases, the employer will be left to likely renegotiate the employment contract with the employee. 90005 90008 Under the legal provisions of the contract, an employer is obligated to act under a covenant of good faith and deal fairly with the employees as they enforce the original terms and conditions of the contract. This provision is an important protection for employees as it serves as a deterrent to prevent an employer from breaching the contract, as acting in bad faith could ultimately lead to more extensive legal damages under the law.90005 90008 If you need help understanding an employment contact, you can post your legal need on UpCounsel’s marketplace. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. 90005 .90000 Contracts of employment — Citizens Advice 90001 90002 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 2 months of you starting work. The statement must contain certain terms and conditions. 90003 90002 A contract gives both you and your employer certain rights and obligations.The most common example is that you have a right to be paid for the work you do. Your employer has a right to give reasonable instructions to you and for you to work at your job. These rights and obligations are called ‘contractual terms’. 90003 90002 The rights that you have under your contract of employment are in addition to the rights you have under law — for example, the right to be paid the National Minimum Wage and the right to paid holidays. 90003 90002 Generally, you and your employer can agree to whatever terms you want in the contract, but you can not agree to a contractual term which gives you fewer rights than you have under law.90003 90002 A contract of employment is usually made up of 2 types of contractual terms: ‘express terms’ and ‘implied terms’. 90003 90012 Express terms 90013 90002 Express terms are explicitly agreed between you and your employer. They include: 90003 90016 90017 how much you get paid, including any overtime or bonus pay 90018 90019 90016 90017 your hours of work, including overtime hours — there is a legal limit for most employees on the maximum number of hours they can work per week 90018 90019 90016 90017 your holiday pay, including how much time off you’re entitled to 90018 90019 90016 90017 how much warning (notice) your employer must give you if you’re dismissed 90018 90019 90002 Your express terms might not be in one written document, but could be in a number of different documents.They might not be written at all. 90003 90002 You might also find express terms in: 90003 90016 90017 a written statement of main terms and conditions 90018 90019 90016 90017 any letters sent by your employer to you before you started work 90018 90019 90016 90017 anything you were asked to sign when or since you started work 90018 90019 90016 90017 instructions or announcements made by your employer on a notice board at work 90018 90019 90016 90017 an office manual or staff handbook 90018 90019 90002 If you do not have all the relevant documents you should ask your Human Resources department for copies.90003 90002 Make sure you keep any documents given to you by your employer. 90003 90002 Because a contract still exists even if there’s nothing written down, it’s a good idea to make a note of anything your employer says about your rights at work and anything you’ve agreed verbally. 90003 90012 Implied terms 90013 90002 Every contract of employment has general ‘implied’ terms for employees and employers including: 90003 90016 90017 you and your employer have a duty of trust to each other, for example, if you lied when you said you were sick to get time off work, you’ll have broken an implied contractual term of trust 90018 90019 90016 90017 you and your employer have a duty of care towards each other and other employees., For example, your employer should provide a safe working environment for you and you should use equipment safely 90018 90019 90016 90017 you have a duty to obey any ‘reasonable’ instructions given by your employer — there is no legal definition of reasonable, but it would not be reasonable to tell you to do something illegal 90018 90019 90078 Terms implied by custom and practice 90079 90002 You can only imply a term by ‘custom and practice’ when there’s no express term dealing with the issue.For example, if you’ve worked 35 hours a week for 10 years, even though your contract says you should only do 30 hours, you do not have the right to work 35 hours by custom and practice. 90003 90002 The exception to this would be if you and your employer have verbally agreed that you’ll always work a 35 hour week. 90003 90084 If part of your contract is broken 90085 90002 A contract can be broken if either you or your employer does not follow a term in the contract. This is known as a ‘breach of contract’.For example, if you’re dismissed and your employer does not give you the amount of notice you’re entitled to under your contract, this would be a breach of contract. 90003 90002 If your employer breaks your contract, you should try and sort the matter out with them informally first. 90003 90002 If this does not work, you could try raising a grievance against your employer. 90003 90002 Find out what you can do if your employer does not pay you what you’re owed. 90003 90084 If a job offer is withdrawn 90085 90002 Whether you can take any action will depend on if the job offer was made subject to any conditions.90003 90002 If the job offer was subject to conditions — like satisfactory references or passing a test — and you have not met the conditions, there’s nothing you can do. This is because there’s no contract of employment — there’s only a conditional offer. 90003 90002 If your job offer was unconditional, or you met the conditions and you’ve accepted it but it’s withdrawn it’s a breach of contract. This is because there’s a contract of employment as soon as an unconditional job offer has been made and accepted.You can claim compensation for breach of contract in an employment tribunal or county court. 90003 90002 You can only claim pay for the notice period the contract says the new employer should have given you. If you do not have a right to contractual notice, you can claim ‘reasonable notice’, which is 1 week. 90003 90002 If you think that the job offer was withdrawn because of discrimination, you could consider making a discrimination claim to an employment tribunal. You’d first need to check if you have a strong discrimination case.90003 90084 Your right to written details about your employment contract 90085 90002 All employees, regardless of the number of hours they work each week, are entitled to receive a written statement from their employer within 2 months of starting work. The statement should describe the main terms of the contract of employment. 90003 90002 You are entitled to the statement even if your job finishes before the initial 2 months, as long as the job was supposed to last for more than one month and you have worked for at least a month.90003 90002 An employee who wants a written statement may request one verbally or in writing. It is usually best to request the statement in writing and keep a copy of the letter, so that you can prove you asked for the statement. 90003 90002 The written statement must include: 90003 90016 90017 the names of you and your employer 90018 90019 90016 90017 the date you started work 90018 90019 90016 90017 the amount of pay and how often you will be paid, for example, weekly or monthly 90018 90019 90016 90017 your holiday entitlement, including how many days off you are entitled to and what your holiday pay will be, if any 90018 90019 90016 90017 how much warning ( ‘notice’) you are entitled to if you are dismissed and how much warning you must give the employer if you want to leave the job 90018 90019 90016 90017 where the job is based, for example, whether you will have to work in more than one location 90018 90019 90016 90017 what the disciplinary, dismissal and grievance procedures are in the workplace 90018 90019 90016 90017 what sick pay you are entitled to 90018 90019 90016 90017 whether you can join the employer’s occupational pension scheme, if there is one 90018 90019 90002 If your employer dismisses you for asking for the written terms and conditions of your job, you can claim automatic unfair dismissal.90003 90084 How your contractual rights relate to statutory rights 90085 90002 Employees have rights given by law — these are called ‘statutory rights’. Any rights you have under your employment contract are in addition to your statutory rights. 90003 90002 Statutory rights include rights to: 90003 90016 90017 be paid at least the National Minimum Wage 90018 90019 90016 90017 a written statement of the terms of employment 90018 90019 90016 90017 an itemised pay statement 90018 90019 90016 90017 pay in compensation for being made redundant 90018 90019 90016 90017 not be unfairly dismissed 90018 90019 90002 You and your employer can agree any terms in the employment contract that you want, but you can not agree to a contractual term that makes you worse off than you are under your statutory rights.90003 90002 If there’s a contractual term that makes you worse off, for example, you have agreed that you’ll work for less than the National Minimum Wage, your employer will not be able to enforce the contractual term. You’ll still have a legal right to be paid the National Minimum Wage. 90003 90012 If you’re in your probationary period 90013 90002 Legally, there’s no such thing as a probationary period. Once you’ve started work, the number of weeks you’ve worked begins on the day you started, not from the time when your probationary period ended.Your full contractual rights also started from your first day of work, unless your contract says otherwise. 90003 90002 Your contract could, however, contain terms which only apply during your probationary period and which are less favourable than those which apply when your probationary period has ended. These terms must not take away your statutory rights. 90003 90002 Your employer can extend your probationary period, as long as your contract says they can do this. For example, your employer may want to extend your probationary period in order to have more time to assess your performance.However, they can only do this if your contract has a term which says your probationary period can be extended under these circumstances. 90003 90012 If you’re on a fixed term contract 90013 90002 A fixed term contract specifies a date when it will end. If you’re on a fixed term contract, your employer should not treat you differently to a permanent member of staff just because you’re a fixed term employee. You have the same statutory rights as permanent staff. 90003 90002 Some of your statutory employment rights only come into effect after you’ve worked for an employer for a certain period of time.This must be a continuous period of employment. 90003 90002 If you have been employed by the same employer on a series of short-term contracts they are added together to provide ‘continuity of employment’. 90003 90002 Continuous employment is the length of time an employee has worked for their employer without a break. You can read more about continuous employment on GOV.UK. 90003 90012 Zero hours contracts 90013 90002 Your employer does not have to specify how many hours ‘work they’ll give you if you have a zero hours contract.If you’re on a zero hours contract, your employer can not stop you working for another employer. 90003 .90000 Employment Contracts Fundamentals in Canadian Law 90001 90002 90003 When hiring new workers, employers often use employment contracts to set out the terms of the employment relationship. The contract may outline the entitlements, obligations and restrictions of both parties.Employees may view the contract as a safeguard to their rights and expectations, but contracts most often result in restricting the employee’s rights and limiting the employer’s obligations in a number of essential areas. Understanding the implications of a properly drafted employment contract helps employees and employers to clarify and set the parameters of their working relationship. 90004 90005 Format-Written, Oral and Often Evolving 90006 90003 Although preferable for the protection of both parties, a contract of employment need not be in written form.Terms can be made by express or implied oral agreement and even through the conduct of the parties. 90004 90003 Although usually signed at the start of the relationship, the employment contract is not necessarily frozen in time. Instead, it often evolves after the initial hiring has occurred. New and modified terms of a contract can occur where an employee has been with an employer for a long period of time and where there have been changes such as promotions, organizational restructuring, increases to remuneration and other factors, which have been mutually agreed to, either expressly or by the parties ‘conduct.90004 90005 Implied Terms-The Unwritten and Unspoken 90006 90003 Some terms in an employment contract may be implied. This means that although not expressly written or stated by the parties, the implied term is reasonably expected by the parties. For instance, it is implied in every contract of employment that an employer will provide the employee with reasonable notice in the event of a termination. It is also implied that an employer may terminate the relationship without notice if there is just cause.Another example of an implied term is that employees will perform their duties with reasonable skill and diligence. 90004 90003 These implied terms of the employment contract can be modified through clear, unambiguous written wording that is legally sound, provided that such modifications do not breach statutorily imposed minimum standards. One common area for such modifications is termination provisions that attempt to curtail an employee’s entitlement to common law notice. For such modifications to have effect, they must be drafted very clearly and must not be in violation of current employment standards legislation.90004 90005 Areas Typically Covered 90006 90003 Contracts may contain few or many details. Some of the more common terms included in employment contracts include restrictions and limitations in the following areas: 90004 90021 90022 Changes to the employee’s contract of employment in such areas as remuneration, duties, job title and geographic work location. Unless terms are clearly set out, changes to the essential terms could result in constructive dismissal if the employee refuses the changes.90023 90022 Amount of reasonable notice that the employee is entitled to in the event that the employer terminates the employee. 90023 90022 Competition by the employee by setting up business in competition with the former employer, or by joining a competing company, either during or after the period of employment. 90023 90022 Soliciting by the employee of the employer’s staff or clients, either during or after the period of employment. 90023 90022 Discussion or disclosure by the employee of the employer’s confidential information.90023 90032 90005 Validity 90006 90003 Similar to other commercial contracts, an employment contract’s validity is not determined solely by the written or oral consensus of both parties. For the contract to be valid and enforceable, it must meet some basic conditions. At the most fundamental level: 90004 90021 90022 there must have been an offer and acceptance of the contract 90023 90022 the contract and its terms must not be unconscionable or illegal 90023 90022 there must be «consideration» (some benefit for each of the parties) for entering into the contract 90023 90032 90005 Common Examples of Invalid Contracts 90006 90003 In some cases, a duly drafted and signed employment contract may be deemed invalid by a court.For example, if an employer were to change the existing employment contract so as to eliminate an existing contractual or common law right of the employee (such as benefits, vacation time or termination notice), consideration may not be present so as to constitute a valid contract, thus rendering the contract invalid. Even if the employee signs the contract, the terms may not be able to be legally enforced by the employer at a later date. 90004 90003 In another common example, an employer may send an employment candidate an offer letter that details only the essential terms of the hiring contract.The candidate is required to accept the abbreviated contract as such, with an expectation of subsequently signing a more fulsome employment contract. If the terms of the employment contract attempt to significantly alter the basic terms of the offer (such as changing the offer from a contract of indefinite duration to a fixed-term contract, changing previously offered termination notice to the statutory minimums, or adding restrictive covenants such as non-solicitation and non-competition) there may be a lack of consideration in the contract, thus rendering it invalid.90004 90003 For related case studies and more information on Employment Contracts, search our blog. 90004 90005 More Concepts on Employment Contracts 90006 .