Is It Illegal to Employ Someone without a Contract

Employees have statutory rights – these are called „legal rights”. Any rights you may have under your employment contract are in addition to your statutory rights. Yes, not all (or some) explicit terms of your employment need to be set out in a formal, written employment contract. You can find some of your explicit terms and conditions in an auxiliary document, written statement, letter or email from your employer or in the employee handbook. Your contract may contain terms and conditions set out in a „collective agreement” between your employer and your union. While it is not necessary to include it in the employment details, this statement should also tell the employee where to find information about: The key question employers ask about this is: „Is it illegal to work without an employment contract?” Your employer does not have to specify the number of hours of work they give you if you have a zero-hour contract. If you have a zero-hour contract, your employer can`t stop you from working for another employer. There is always a contract between an employee and an employer. You may 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 form a contract. Your employer must send you a written declaration within 2 months of the start of the work. The declaration must contain certain conditions. In this article, we`ll look at the legal implications of working without a contract and answer some of your frequently asked questions. Contrary to what many employers believe, an employee`s rights are not that different from those of employees who have an employment contract. There is no legal requirement for an employee to have a written employment contract. However, we still recommend providing one to clarify and protect your business. We offer contractual and documentation services to assist you.

If you don`t have a formal 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. However, the express terms of your employment relationship may simply have been agreed orally in a conversation between you and your employer. These are explicit conditions that remain enforceable if your employer does not comply with them. However, without any form of proof of what was actually agreed, it is possible that your employer will dispute the terms you say were agreed. For example, management positions usually come with additional benefits. They may also include conditions such as the obligation to go on holiday in the garden or to implement non-disclosure agreements. The more detailed a contract is, the more important it is to have it in writing. Any employee who works for your company for more than one month is entitled to a „written statement of employment data”. No matter how many hours they work or what work model they might fall into, this is true for everyone. Legally, there is no probationary period.

Once you start working, the number of weeks you worked starts on the day you started, not when your probationary period ended. Your full contractual rights also began with your first day of work, unless your contract provides otherwise. If there is no employment contract, many employers believe that employees have few or no rights, which is not the case. If you believe you have been treated unfairly or unfairly dismissed at work and you do not have an employment contract, we strongly recommend that you contact an employment lawyer as you will definitely need someone with extensive knowledge by your side. If you`ve never had a written employment contract before, take some time to reflect on relevant conversations you`ve had with your boss and collect emails or other documents that may be helpful in proving what was agreed upon and/or that you think could be part of your employment contract. It should be noted that explicit terms do not need to be part of a written contract and these terms are often part of an employee handbook or written details about the nature of your work and what is expected of you. It is not illegal not to present a written contract. However, we still recommend it because it gives you more peace of mind and clarity. It is a complex issue. It is illegal for an employee to automatically enter into a contract with you by accepting an offer of employment – verbally or otherwise. Failure to provide a TMS on the first day of employment is also illegal. From an employee`s perspective, a written employment contract is a very important aspect of feeling comfortable in their new role.

Just not getting one is unnecessarily painful. This could mean that they feel uncomfortable about the company they joined and wonder if they missed anything important. You can only claim remuneration for the notice period that the new employer should have given you in the contract. If you do not have the right to terminate the contract, you can request a „reasonable notice period”, which is 1 week. One of the most important parts of the HR or operational mission is helping your team do their best. If your employees are stressed about their job details, they`re not doing their best job. There may come a time at work when you need to check the exact terms of your employment contract. This may be because a dispute has arisen between you and your employer, you want to consider your claims because you are threatened with dismissal, or your employer is trying to change your conditions, for example with regard to working conditions, working hours or salary.

You probably don`t need a contract if you`re hiring an administrative assistant, shipping clerk, or IT employee, but it can be a really good idea if you`re in other positions. Here are some cases where a contract is required. Each employment contract has „implied” terms and conditions for employees and employers, including: If there is a contractual clause that puts you in a worse situation, for example, if you have agreed to work for a wage lower than the national minimum wage, your employer cannot enforce the contractual clause. You still have a legal right to pay the national minimum wage. Some courts may require you to meet higher standards in litigation and lawsuits. This is a threshold you may not need to reach if you don`t have an employment contract in place. Each of your actions and decisions could be scrutinized. Our expert documentation team knows exactly what makes a contract compliant and can identify areas where this is not the case. In addition to documentation, we have a free HR advice line. An employee must receive legal benefits, such as a minimum paid leave on employment. Moreover, if there is an express term that says otherwise, the express term prevails. For example, if you`ve worked 25 hours a week for the past two years, but your contract specifically states that you`ll work 30 hours, you`re required to work 30 hours a week, unless your boss specifically agreed to change your work hours.

However, from a legal point of view, that declaration does not constitute a formal contract of employment. But it has to contain a lot of information that you would have to provide in this contract anyway. An employment contract must be in writing. This is not the time to make a handshake agreement, because there are too many complex issues. An employment contract can be a good idea if you don`t want the employee to leave and compete with you for the company. You want the employee to sign a non-compete clause in the employment contract that limits their ability to compete with you within a certain time frame and within a defined geographic area in a particular type of business. Implicit conditions inevitably bind the employer and the employee. When it comes to the employer, implied terms require an employer: a written contract is your chance to determine exactly what you want from your team, protect your company from misunderstandings, and lay the foundation for a good relationship with your employees. If you think the job offer was withdrawn because of discrimination, you can file a discrimination complaint with an employment tribunal. You should first check if you have a serious case of discrimination.

If you choose not to put your contracts in writing, you miss the opportunity to be very specific about what you expect from your team. There are a number of reasons why this is a mistake. It is true that verbal agreements can often constitute a legally binding contract. The fact is that verbal agreements leave a lot of room for misunderstanding. In these cases, you would use the contract to limit the employee`s capacity without leaving you in time. Explicit terms and conditions are expressly agreed between you and your employer. You and your employer can agree on almost any express condition you like, but neither of you can agree to a provision that puts you worse off than the law. In other words, any employment contract must respect your legal rights. Again, you have legal rights, regardless of the conditions and nature of your employment. This means that your employer cannot discriminate against you, directly or indirectly, regardless of your race, gender, age, sexual orientation, religion, disability, marital status, etc.

The indication of employment data actually serves to protect employees and give them clarity about their work. In terms of the employer`s own interests, it does not do much. Employees and employers may misinterpret or misremember certain elements of their contract.