As an employee, the implicit terms of your contract mean that you are obligated: Your legal rights to maternity leave if you do not have an employment contract include, but are not limited to: Legally, there is no trial period. Once you start working, the number of weeks you have worked will begin on the day you started, not from the time your probationary period ended. Your full contractual rights also began on your first day of work, unless your contract provides otherwise. You and your employer can agree on almost all the explicit conditions you like, but neither of you can accept a condition that puts you in a worse situation than the law (the law). In other words, any employment contract must respect your legal rights. So how do you know who you are? In the end, only the labour court can answer a tricky legal question. However, there are a few clues that can help you clarify which category of employees you belong to. 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. Most employees do not have an employment contract and they do not need one.

You are working under an implied employment contract, which means that the terms and conditions of employment are determined by state and federal laws and previous legal proceedings. For example, if you need to keep one of your business transactions confidential, the employment contract is the right place to specify this. Not only does this expectation make this expectation obvious, but it also helps protect your business from a legal perspective. 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: In most cases, you probably don`t need contracts with hourly or lower-level employees, but if you hire an office manager or administrative assistant to handle highly confidential information, you may want to include them in a contract. And contracts can also protect you from serious problems with professionals and senior management. Job declaration data is really designed to protect employees and give them clarity about their work. As far as the employer`s own interests are concerned, this does not add much. If the job offer was conditional – such as satisfactory references or passing a test – and you didn`t meet the conditions, there`s nothing you can do.

This is because there is no employment contract – there is only a conditional offer. Your rights are determined in part by the law of the land and in part by the terms of your employment relationship. Terms and conditions of employment come in three different forms: If you do not have a written contract of employment 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. Some of your legal rights only take effect after you have worked for an employer for a certain uninterrupted period of time. For more information, see our article on when certain employment rights begin. As already mentioned, the absence of a written employment contract may also prevent the employment relationship from being strictly subject to the Act respecting labour standards. The termination clause of the employment contract is an example of this. The Act confirms that an employee with an oral contract of employment is entitled to a reasonable period of notice under the common law when terminating his or her employment relationship. Reasonable dismissal at common law can be much higher and more costly than dismissal under the Employment Standards Act. Check with an employment lawyer to discuss the need for a contract with a specific employee if you`re unsure. A lawyer can also make sure that the language of the contract you provide is correct and sufficient. If you`re starting to create written contracts for your employees, it`s a very good idea to get expert advice – it`s one of those areas where you simply can`t afford to go wrong.

For practical and reliable assistance with any questions about employment contracts, consult our personnel advice. Our in-house HR professionals are available for live chat and email support to advise you when needed. It is important that when entering into an oral contract, take written notes about what was agreed and also note the date and people who were present during the conversation. This can be useful if your employer later decides to challenge the terms of (any) employment contract between the two of you. There is always a contract between an employee and an employer. You may not have anything in writing, but a contract still exists. Indeed, your consent to work for your employer and your employer`s agreement to pay you for your work form a contract. Your employer must provide you with a written statement within 2 months of starting work. The declaration must contain certain conditions. The safeguards contained in the Employment Standards Act may apply to workers working under an oral contract of employment, although in some cases the common law applies instead. The employer would continue to be required to create a non-discriminatory working environment in order to avoid a violation of the employee`s human rights.

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”. Continuous employment is the length of time an employee has worked for his or her employer without interruption. You can learn more about continuous employment on GOV.UK. If you believe the job offer was withdrawn due to discrimination, you may want to consider taking legal action for discrimination before an employment tribunal. You will first need to check if you have a strong case of discrimination. You are entitled to billing even if your work ends before the first 2 months, provided that the work lasts more than one month and you have worked for at least one month. However, the only thing an employer can`t do is create a situation where, even without an employment contract, you`ll be put in a situation where you`re in a worse situation than the law dictates – in other words, whether a contract exists or not, protect your legal rights. You probably don`t need a contract if you`re hiring an administrative assistant, shipping agent, or IT professional, but it can be a very good idea if you`re filling other positions. Here are some cases where a contract is required.

Let`s rewind a minute. Keep in mind that all your employees have an employment contract – it just wasn`t written down. Since you are required by law to provide all of the above information, there are very few reasons not to proceed and provide them with a full written contract. There is sometimes a misconception that just because you have worked in a certain way for a long period of time, there is an implicit term that gives you the right to work that way. While terms may be implicit over time, it`s not that easy for them to do so. So let`s say you`ve found that you have an employment contract. The next question that needs to be answered is: what are your rights? A contract can be terminated if you or your employer do not comply with a provision of the contract. This is called a “breach of contract”. For example, if you are fired and your employer does not give you the notice period to which you are entitled under your contract, this would be a breach of contract. Contrary to what many employers believe, an employee`s rights are not so different from those of employees who have an employment contract.