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Employment Rights and Responsibilities Essay

Below is a list of the aspects of employment covered by law:

Minimum wage
Hours worked
Health and safety
Holiday entitlements
Redundancy and dismissal
Disciplinary procedures
Union rights and consultation
Maternity leave

Below is a list of the main features of current employment legislation

Employment Act 1996
Equalities and Discrimination laws
Employment Act 2008
Health and safety legislation at work Act 1974

Why do legislation relating to employment exists?

The reason employment law exist is to stop the exploitation of workers by their employers, and to ensure that the employees rights are being followed. If these law didn’t exists them employer would be took advantage of and may not be treated correctly and fairly. The laws cover all aspects that could arise, weither this involves age, gender, disability. The laws protect employees from unfair bosses. if there wasn’t laws then there would be no rules, and companies could do whatever they want. These legislation are also in place to support employers.

Below are sources and types of information and advice available in relation to employment responsibilities and rights:

There are many places you can get information from these could include:

•Web sites
•Information leaflets
•Citizens Advice Bureau

Describe the terms and conditions of own contract of employment

My contract of employment covers Job Location, as regards to where I am based in my employment. A job description, which describes the duties and responsibilities of my role as a care assistant , Probationary period, this confirms length of probationary period which is 3 month then a full contract will be offered , it will include what is expected of me within that period and also what happens at the end of the probationary period. A description of how much I will be paid, any possible pay raises dependant on gaining certain qualifications. Payroll procedures, this describes how I will be paid, how often and when I will be paid, pay slip information, about the company’s rights to make deductions if over paid or if you left and owed holiday/money for training or CRB.

It will also include information about Hours, this is information on hours I am expected to do and break entitlements. It will describe my holiday entitlement, how to book it and when the leave year commences and ends. It will also include information on length of notice needed to terminate employment by myself or company. It includes information on training states that I am required to attend mandatory training and about the possibilities of further training. Sickness arrangements, details the procedure to follow if I am ill and statutory sick pay entitlements. Confidentiality is included explain the need for confidentiality due to sensitive nature of the business whilst working and after leaving. Data protection, informs of the need for the company to hold personal information on you.

Describe the information shown on our own pay statement

There is a lot of information shown on your pay statement, the amount of wage before any deduction (gross wage) and also your wage after deductions, the amount of tax and national insurance you have paid, your pay statement will also include your national insurance number, your tax code, your pay rate and also any additional information regarding your pay for example sick pay, holiday pay and over time.

The procedure to follow in event of a grievance

When you have a grievance, you should write to your employer giving them details of your grievance. Include in your letter how you would like your employer to resolve the problem. Date the letter and keep a copy for yourself. Your employer should arrange an initial meeting to discuss your grievance. The main purpose of the meeting should be to establish the facts and find a way to resolve the problem. You have a legal right to take a representative to the meeting with you. To exercise this right, you must make a request to your employer that someone comes with you. Your representative could be, a colleague, union official, or solicitor. After the meeting your employer should, without unreasonable delay, write to you with their decision. They should set out, where appropriate, what action they intend to take to resolve the grievance.

Identify the personal information that must be kept up to date with own employer

There are several things that must be kept up to date with your employer
these include:

• Name
• Address
• next of kin
• contact number
• Education and qualifications

List the types of information that are held on your personal record and say why you think they are needed

Data an employer can keep about an employee includes:
Date of birth
Education and qualifications
Work experience
National Insurance number
Tax code
Details of any known disability
Emergency contact details

They will also keep details about an employee such as:
Employment history with the organisation
Employment terms and conditions
Any accidents connected with work
Any training taken
Any disciplinary action

Who should you inform if you are changing your personal details?

You should always keep your employer informed of any changes in your personal details so that their records are up to date and correct, if you have a change in personal details you should inform your manager as soon as possible so that they information they have for you is correct, this is very important in case of an emergency.

How should your records be stored and who has a right to see them?

Your personal records should be stored safely and securely they should be locked away so that no one can read them, if they are stored on a computer the computer should be password protected. Only your employer and yourself have a right to see your personal records unless you give permission for other people to see them.

Explain agreed ways of working with employer

The agreed ways of working are the codes and policies provided by the employer for the care worker to follow these will include legislation, codes of conducts and employer’s policies and procedures that all care workers should follow when working in a care home setting. It is the responsibility of the care workers to work within the policy guidelines provided and also to ensuring that they are working at the standard expected of them, it is a legal requirement to follow policies and procedures.

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