Employee Status Of An Employment Law

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

Employment contracts are legally binding on both the employer and employee and serve to protect each other’s rights and responsibilities. The terms (legal parts) of the contract can be in a variety of forms, including: o verbally agreed o in a written contract (or similar document) o in an employee handbook or on a company notice board o in an offer letter from your employer o required by law, for example, your employer must pay you at least the minimum wage o in collective agreements o implied terms A contract of employment comes into force as soon as a firm offer of employment has been made and accepted, even

Contracts become legally binding when an offer has been made and accepted by the employee: employees are expected to read and sign the contract to say that they agree with the terms outlined in the contract. It is the employee's right to receive a written contract within two months of employment. Contracts are provided for permanent,

Also it tells me what will happen if one of the parties fail to respect them.

“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for collective bargaining or other mutual aid and protection”.

1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights

First, it is crucial to know and understand which law governs the employment contract. According to Seaquist, contract law is governed by the common law or the Uniform Commercial Code (UCC) (Seaquist, 2012). If the contract handles the sales of goods, it is governed by the UCC (Seaquist, 2012). If the contract handles anything besides the sale of goods (such as real estate, insurance, personal services like employment, etc.) then it is governed by the common law (Seaquist, 2012). When a business or employer hires an employee to join the staff,

Three different types of employment status are an employee, a worker and self-employed. An employee can be part-time, full-time, permanent or temporary. They will work under a contract of employment which can be written or verbal. They have full rights. All employees will be workers but not all workers are employees. Workers do still have some rights. Workers will be working under various contracts. Workers do have part rights. This is one

Understanding your employment status is the first step to finding out what rights and protection you may have at work. Each type of employment status has different legal rights and will determine your rights at work.

Employee – this is the most common status and applies to the largest group of people within the workplace. You are defined as an employee if you are working under a contract of employment. Your employer is obliged to deduct income tax and national insurance contributions from your wage before paying you. You are entitled to all minimum statutory employment rights including statutory sick pay and statutory redundancy pay.

Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.

The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights

It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law.

The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).

The purpose of Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person’s Equality and Human Rights such as