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emboo | My boss is refusing to give me a contract ive been there 1 yr.he says he has have no obligation to is he right |
for a yr now he has refused me a contract ssp and holiday entitlement..i confronted him recently, just to be told i don't know waht i'm talking about. i;m so sure i'm right but where can i go to check my facts and how do i get him to do whats right? |
 |
 
G!
 |
No, He aint;
Within the first 12 weeks of employment, an employee must be provided with a written contract of employment which sets out the terms and conditions that both parties are expected to follow.
This need not be complicated, and there are more books, advice articles and downloads out there than there are starbucks branches (They get everywhere, don't they?).
Your employer has been breaking the law for the past 9 months.
Confront him on the matter again, explain that you have sought advice on this issue, and have found that ALL employees are legally entitled to a written statement on their rights and regulations. It should include the employers name, employees name, job title, weekly work hours, holiday entitlement, grievance procedures and sickness conditions.
Even without it, you are still entitled to certain protection, but they remain at the legal minimum, which I need to write a new essay on |
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steven r
 |
YOUR BOSS IS TAKING THE PISS YOU ARE ENTITLED TO A CONTRACT OF EMPLOYMENT YOU CAN GO TO CITIZENS ADVICE AND DISCUSS IT WITH THEM. HE CANNOT REFUSE YOU HOLIDAYS AS THEY ACCRUE AT A MIN OF 1 1/4 DAYS A MONTH WHICH YOU ARE ENTITLED TO TAKE USUALLY WITH A MONTHS NOTICE.
YOU SHOULD SEEK A NEW JOB, IF YOU DON'T GET VERY FAR WITH CITIZEN'S ADVICE SEE A SOLICITOR BECAUSE HE IS BREACHING YOUR HUMAN RIGHTS.
HOPE THIS HELPS |
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Mart
|
Go to a Union or CAB. If you've got a contract of employment take it, but don't worry if you haven't - you've still got rights |
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Mondeo
 |
http://www.direct.gov.uk/Employment/Employees/EmploymentContractsAndConditions/ContractsAndConditionsArticles/fs/en?CONTENT_ID=10027905&chk=n/wav9
follow this link it will give you useful information if you are in britain. |
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bambam
 |
It does not cost the earth for a couple of hours of legal advise. If you want to take it further this is one route you could take, if you want to cut your losses then leave and work somewhere you are appreciated. |
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BevD
 |
Check with your employment handbook if you got one and look to see if there's anything in there about a contract. If not check with his boss/supervisor or the HR dept if there is one... someone's above him so go there....if you get no where then check w/ the dept of labor.
If you find out you're right you can report him and he'll be the one ending up loosing his job and you'll get your contract by the new boss... Something sounds awfully fishy though for this boss to have you a year and no contract yet? In my experience contracts are signed the day you're hired.
I guess it depends on the job and the state...but still go through those suggestions..
Good luck |
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alatoruk
|
depend what your hours are, but assuming you are full time you are legally deamed to have a contract after 6 months, whether you are given 1 in writing or not.
the flip side is it is deemed to be the conditions you have been employed under - lol
however, you are legally entitled to 20 days paid holiday a year and ssp, but that doesnt kick in until you have been off for more than 3 days |
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Polymath
|
Depends on what field of work you are in. Most employees have no formal contract with their employers, sometimes only an initial work agreement, sometimes not even that much! Do other people in your position have contracts?
You could instead ask for an employee handbook, to determine the proper procedures for employees and employers. For example, holiday entitlement (I assume this means some form of paid time off!) should be clearly noted somewhere. Who gets it, who doesn't, and how long do you need to be employed before getting it.
In the USA, most employees that are not in a union are "at-will", meaning that they can be terminated at any time, although that rarely happens (firing employees with no warning invites lawsuits, which are bad.) This has two sides: It's easier for an employee to get fired, but it also means a company will be more likely to hire an employee, and pay them more.
I sense from your question that you might live in Europe, perhaps the UK but maybe on the continent as well. Rules will be different. Ask around you fellow employees if your company doesn't have these rules written down. |
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ragingmk
|
The link below gives you the legal position regarding contracts of employment. |
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who da wha?
|
contact the dept of labor. if they agree with your boss then cut him loose, the idiot doesn't deserve you and you shouldn't waste anymore time in a dead end job with a user for a boss. BTW if it is a union position and you've been there more than three months you probably have an excellent case. |
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Paul K
|
From the DTI website (google contract of employment).
"A contract of employment is an agreement entered into by an employer and an employee under which they have certain mutual obligations.
If no contract of employment exists beforehand, one will come into existence as soon as an employee starts work and, by doing so, demonstrates that he or she accepts the job on the terms offered by the employer. The contract need not be in writing, unless it is a contract of apprenticeship (employers should note however that a contract of apprenticeship may be found by the courts to be implied even if it is not in writing). Its terms can be written, oral, implied or a mixture of all three.
Implied terms might include those that are too obvious to be expressly agreed - for example, a term that the employee must accept reasonable instructions from the employer - those that are necessary to make the contract workable and those that are established by custom and practice in the particular organisation or industry concerned. "
My reading of that is that it does not matter whether you have a written one, it's implied. |
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lamblittleprince
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if your in a union speak to a steward |
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nuejerz
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look, once you sign on with a pimp, he basically owns your ***. just keep your head down and save what you can and some day he may let you buy your freedom so you and your son can move away from the city and lead a normal life. |
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