Firmly establishing the terms of agreement between an employee and an employer is an essential business concern to help avoid future disputes. Therefore, the recruitment process alongside appreciating the type of contract of employment are two key metrics to examine in a bit more detail. What are some of the key points which every business needs to recognise?
A look at the recruitment process
Recruiting is the first and most important step to obtain a desired workforce. However, this can often be easier said than done. A handful of the variables that should be attended to are:
- Posting the correct job description.
- Never discriminating based off of age, religion, disability or gender.
- Clearly explaining the position provided as well as offering terms and conditions for the applicant to understand.
- Compliance with all legal regulations.
- Obtaining confirmation that the individual is legally permitted to work within the United Kingdom.
While these are some of the most critical areas to address, it is the responsibility of the employer to determine any other stipulations such as a probationary period or the submission of relevant references during the hiring process.
Contract of Employment
Once the individual is hired (and accepts the offer), an employment contract MUST be written. Some basic fields to be highlighted include working hours, hourly wages and gross pay. Keep in in mind that during certain situations (such as whether or not the applicant is considered for a self-employed role within the company), it may be wise to seek the advice of a professional.
This written contract may be affected by other stipulations and conditions that might not necessarily be clear to the employee. For example, a verbal contract could modify some of the terms written within the formal document. A job description might likewise have an impact upon how the physical contract is interpreted. Other situations such as the regular attainment of bonuses could lead to these clauses being permanently placed within a formal contract.
One aspect that must be recognised is that the rights of an employee will always supersede the agreement itself. Some of the areas which are statutory regardless of the status of the employee include sick leave, the prevailing minimum wage and maternity leave. Should any of these rights be violated, the employer could very well face hefty legal fines. It should finally be mentioned that most contracts will offer more than the basic legal minimums to the worker.
An employment contract must be written within no longer than two months from the initial date of hire. These are some of the most critical guidelines to attend to that will make certain both parties understand their mutual relationship.