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Your Questions Answered
Q: Why do I need to give a contract of employment when someone has been working with me for 16 years? I pay them minimum wage and they take as much holiday as they want.

  • A contract of employment is an agreement between the employer and employee and sets out the employment conditions, rights, responsibilities and duties.
  • An employer is required to give a written statement within 2 months of the start of employment, when the employment contract lasts at least one month or more.
  • A written statement must include:
    • The business name
    • The employees name, job title or description of the work
    • The date the employee started with the company
    • If previous jobs count towards their continuous employment date
    • What type of employment it is i.e fixed term, ongoing
    • What will they be paid and when will they receive this
    • What hours of work they are required to do and how do they need to be done.
    • What holidays they are allowed to take
    • Where are they required to work from
    • What notice they need to give if they want to leave and what notice will the employer give
    • Are there any collective agreements
    • What is in place for pension contributions
    • Information on what they need to do if they have a grievance or disciplinary
    • Information if the employer wants to change the contract
By not providing the above information, employers are leaving themselves wide open to any claim and ambiguity for the employee. Clearly set out details will help employers to ensure that the work to be carried out is done.

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