Within 8 weeks of starting work all employees must be issued with a ‘Statement of Terms’ which sets out the main terms and conditions relating to the employment. Most people refer to the statement as the contract of employment. Whilst the statement details many of the terms of the contract, other documents, such as letters detailing any increase in salary or holiday entitlement, also form part of the contract.
Most contracts are fairly simple, however, you must ensure that before you sign a contract you have read and understood the document you are signing. If there is something you do not understand ask the company to explain it to you.
Some employment contracts can be complex and may include mobility clauses or restraint of trade clauses. If there is a mobility clause in your contract you may be required to work elsewhere. If there are restraint clauses you may be precluded from working for certain companies for a period of time after you leave. Therefore you must gain a clear understanding of any complex terms which could have serious long-term implications before you sign the document.
An employment contract sets out the rights and responsibilities of the employer and the employee. It can be regarded as the foundation stone of the employment relationship. Getting the employment contract right from the beginning is essential and, in the event of a dispute, can prevent a lot of time and expense.
It is essential that employment contracts are drafted to meet the specific needs of a business and that legitimate business interests are protected. Restraint clauses can be included to prevent employees from working for competitors for a specified period of time after leaving an organisation. Mobility clauses provide maximum flexibility and reduce potential redundancy costs. Confidentiality clauses are important to protect intellectual property rights and other sensitive information. Businesses are advised to monitor e-mail and internet use, but may only lawfully do so if they reserve the right within the employment contract.
Recently, many businesses have considered taking on staff on a self employed basis. There are many complex considerations and procedures in order to be able to legitimately operate in this manner. If you do not implement this correctly the business can be liable to pay all the normal deductions that should have been made against the salary paid to the individual.
We draft employment contracts which are designed to address the needs of our clients and to ensure legal compliance. Our employment contracts are written in plain English, not in ‘legalese’, so that both employers and employees are clear as to what is expected from them.
All employees have the right to receive a written statement of their terms and conditions within two months of starting work and employers can be penalised if they fail to provide a copy upon request by an employee.
Dallas Legal will handle your case right from the beginning until the end.
We will start by providing you informative, honest, free advice in confidence. Moving forward, we will provide legal and business consultation reviewing and structuring the case to dealing with all correspondence and advocacy at hearings (if necessary).