Honey the Hamster

This may surprise you, but whether a contract has been written down or not, you still have an employment contract with your employees. This contract governs the relationship between you, the employer and your employees, but an unwritten contract is fraught with uncertainty and ambiguity. If you`ve never had a written employment contract before, take the time to reflect on the relevant conversations you`ve had with your boss and collect any emails or other documents that might be helpful in proving what was agreed upon and/or that you think could be part of your employment contract. Your employer can extend your trial period as long as your contract indicates it. For example, your employer may want to extend your probationary period to give you more time to evaluate your performance. However, you can only do this if your contract includes a provision that your trial period can be extended in these circumstances. However, the explicit terms of your employment could simply have been agreed orally between you and your employer in a conversation. These are explicit conditions that are always enforceable if your employer does not comply with them. However, without any proof of what was actually agreed, it is possible that your employer will dispute the terms you say have been agreed. A fixed-term contract indicates a date on which it ends. If you have a fixed-term contract, your employer should not treat you differently from a permanent employee simply because you are a term employee. They have the same legal rights as permanent employees.

Labour law is complicated and, as is often the case, if there is a problem for which legal advice is recommended, there is no “one-size-fits-all solution” as the majority of cases must be assessed individually. If you have been employed by the same employer with a number of short-term contracts, these can usually be added together to ensure “job continuity”. If there is an express term that says otherwise, the term express wins. For example, if you`ve worked 25 hours a week in the past two years, but your contract specifically states that you work 30 hours, you need to work 30 hours a week, unless your boss has specifically agreed to change your hours. Most employees do not have an employment contract and they do not need one. They work under an implied employment contract, which means that the general terms and conditions of employment are determined by state and federal laws, as well as by previous legal proceedings, a legal term called common law. Unfortunately, these things happen. And if you don`t have a written contract, your ability to respond to these harmful scenarios is limited. Below are three examples of costly pitfalls an employer may encounter if they don`t have a written employment contract with their employees, as well as some of the potential benefits that can be achieved through a written employment contract. Contrary to what many employers believe, an employee`s rights are not so different from those of employees who have an employment contract. All employees, regardless of the number of hours they work per week, have the right to receive a written declaration from their employer within 2 months of starting work. The declaration must describe the main conditions of the employment contract.

In addition to everything you have explicitly agreed with your employer, the law also includes certain conditions in your employment contract. You will not be able to read these terms and conditions in your employment contract, they are established by case law and will be “read” in your contract by a court or tribunal if necessary. A contract of employment sets out the rights and obligations of the employee and his or her employer, called the “terms and conditions” of employment. However, it is common to misplace that all terms and conditions of employment must be documented in an official document. The terms can be agreed orally and are not obligated in writing, but they are legally binding on the parties. In the absence of a written employment contract, B.C. employers who wish to terminate an employee`s employment relationship “without cause” are required to provide the employee with reasonable notice or payment. The general rule for a reasonable notice period is one month per year of service up to twenty-four months. Whether or not you are an employee or an employee, you have the right not to be discriminated against (directly or indirectly) on the basis of age, disability, sex, sexual orientation, marital status, gender change, pregnancy or maternity, race and religion or belief. If you do not have a written employment contract that defines or limits the notice period, the common law applies. Judges establish the common law. Over the years, lawyers have negotiated employment contracts and various rules have evolved.

There is no clear formula, but judges now consider things like years of service, the employee`s age (if the employee is older, they may need more time to find a new job = more notice), the employee`s training (if the employee has a high school diploma, it may be harder to find work = more layoffs). Ultimately, an employee with 10 years of service may be entitled to a notice period of between 6 months and one year. Let that work on you for a few moments. You read that right. Although the Employment Standards Code provides for a maximum notice period of 8 weeks, this is simply the minimum amount. A judge could quadruple that amount. You should note that regardless of the existence of an employment contract, an employer is required to provide you with written information about your obligations and the company`s expectations of you. However, your contract may include terms that only apply during your probationary period and are less favourable than those that apply after your probationary period expires. These Terms shall not deprive you of your legal rights.

An employment contract contains three types of terms: at the very least, the law requires all employers to provide employees with written information about the main conditions of employment within two months of taking up their duties. While this doesn`t necessarily include all the terms and conditions of employment, it`s certainly quite comprehensive and better than nothing. Explicit terms are specific details of your terms and conditions of employment that have been discussed and agreed with your employer. These details include some, but not necessarily all, of the following: If you don`t have an official written contract, you can quickly say no, but this could be a mistake as not all employment contracts are on paper and must be signed by both parties. .