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Richer Sounds state that they also have certain rights as an employer. They say that some of these are the express rights which they clearly state in their Contract of Employment and the Terms and Condition of Employment. Implied terms and express terms are also noted in their Contract of Employment to show their employees that they have rights as well.
1: Implied terms are not written into your contract of employment, but are considered to be part of it, for example, a duty to provide a healthy and safe working environment for you.
Some terms and clauses are implied in a contract by law or custom and practiced without being mentioned by any party. An example of this is in a contract to supply services there is an implied term that the services will be carried out with reasonable care and skill. Implied terms by custom and practice can always be overridden by express terms. Some implied terms can’t be overridden, particularly those relating to consumers.
Implied terms include:
* The duty of the employer to provide a secure, safe and healthy environment for employees
* The employee’s duty of honesty and loyal service
* An implied duty of mutual trust and confidence between you and your employees That neither side will act in such a way as to breach that trust
* A term too obvious to need stating, e.g. that your employee will not steal from you
* Any terms that are necessary to make the contract workable, e.g. that someone employed as a driver will have a valid driving licence
Some terms and conditions, e.g. entitlement to enhanced redundancy pay, may become part of the contract through established custom and practice.
Express terms in an employment contract are those that are explicitly agreed between you and your employer, they can be written or verbal and agreed before, or when, the contract is made.
Express terms include:
* Amount of wages, including any overtime or bonus pay
* Hours of work, including overtime hours (there is a legal limit for most employees on the maximum number of hours they can work per week)
* Holiday pay, including how much time off you are entitled to (nearly all workers are entitled by law to 24 days’ paid holiday – they may be entitled to more under their contract. Part-time workers are entitled to a pro rata amount)
* Sick pay
* Redundancy pay
* How much warning (notice) the employer must give you if you are dismissed.
2: The implied terms that Richer sounds expect from their employees are;
* To not give away confidential information
* Work towards the objectives of the organization
The express terms that Richer sounds expect from their employees are;
* To have a responsible attitude
* To avoid taking holidays between October and February
* To agree all holidays or other absences beforehand
* To abide by the company’s Use of Networking and Computer Resources Policy
3: The implied terms that the employees expect from Richer sounds are;
* The right to be treated reasonably
* The opportunity of being consulted on company matters which affect them.
The expressed terms that the employees expect from Richer sounds are;
* To allow all colleagues a one-hour lunch break
* To pay colleagues at the end of the month
* To pay colleagues taking sick leave
* To give colleagues notice if we want them to work additional hours
4: The employees can find the list of express conditions on their contract of employment given to them.
5: Richer sounds use both the Contract of Employment and terms and Conditions of Employment because it brings in many advantages and helps to enfource the terms and conditions.
By using both, its gives employees more of awareness towards what their job provides. Also it can help to make sure that all members of staff know their place in the work force, by clearly stating the legal requirements.
It becomes essential that Richer sounds give their employees a Contract of employment when they become permanent.
Contract of Employment
The main features of the Contact of Employment for sales assistant including entitlement for;
* Holiday- Annual holiday entitlement and holiday pay is calculated on the basis of 20 days for each full calendar year of employment. The annual entitlement increases with length of service, details which are provided separately. The holiday year runs from 1 April to 31 March and unused holiday entitlement may not be carried forward from one year to the next.
* Sick- They are entitled to paid absence due to sickness or injury under the company’s sick pay scheme on the following basis: Up to 8 weeks’ service: Nil; After 8 weeks service: Up to 2 weeks at full pay and 3 weeks at 50% pay in any 12 month period. They are also qualified for statutory sick pay.
* Absence from work- The supervisor’s permission must always be obtained in advance for planned absence. In the case of an unexpected absence the employee must notify their supervisor by 10 am on the first day whenever possible. To qualify for statutory sick pay and payment from the company’s sick pay scheme, they must complete a self-certificate when their absence lasts from 0.5 to 7 days, including Saturday or Sunday. A doctor’s or hospital certificate must be produced for all absences exceeding 7 days.
* Hours of work- Approximately 40 hours each week over 5 days, Monday to Saturday with one day off during the week.
* Notice- This contract can be terminated by notice by either party as follows: Notice by employer: Under 1 month’s service – Nil Over 1 month but less than 5 years’ service – 1 month 5 year’s service or more – 1 week for each completed year of service up to a maximum of 12 weeks Notice by employee: Under 1 month’s service – Nil Over 1 month – 1 month..
* Grievances and grievance procedure- If an employee has a grievance relating to their employment, they have the right to express this in accordance with the company’s grievance procedure. This procedure is described fully in the employee handbook.
Rules of Employment- Specific Richer Sounds Business Needs and Requires.
These are some of the rules that Richer sounds agree to:
* To give colleagues notice if we want them to work additional hours. We promise to give them as much notice as possible.
* To pay colleagues at the end of the month and issue an itemised pay statement.
* To review salaries annually – although increases are not automatic.
* To allow all colleagues a one-hour lunch break, by arrangement with the supervisor, and pay an additional ï¿½1.50 a day to any full-time colleagues who prefer to remain on the premises to be on call, if required.
* To give all colleagues 20 days’ paid holiday a year, plus statutory days and other religious holidays. After five years’ unbroken service colleagues are entitled to one extra day’s holiday increasing up to a maximum of one extra week.
These are just some of the rules that employees are expected to agree to:
* To have a responsible attitude towards time keeping and attendance and to work flexibly during our busiest times, e.g. just before and after Christmas.
* Not to work more than five days a week, without the agreement of a senior colleague, and to take all their holidays each year. This is for their personal health and well-being. Only under exceptional circumstances would we agree to pay a colleague in lieu of holidays. Colleagues cannot, normally, carry forward holiday entitlement from one year to the next.
* To avoid taking holidays between October and February (our busiest time) apart from religious ones. Any holidays taken after 1 October or before 28 February must be agreed by the Managing Director or Deputy Managing Director.
* To agree all holidays or other absences beforehand with their manager/head of department so that there is always adequate cover. The company reserves the right to ask colleagues to take holidays at particular times. Any time off without prior agreement will be unauthorised and treated as a disciplinary offence.
* To tell us when they are sick before 9.30 am on the first day and continue to do this on each
Enforcing Rights and Responsibilities
Richer sounds ensure that their employees follow and adhere to their responsibilities, by enforcing various actions. One action is the disciplinary procedure; they enforce this rule here because this is there last resort for a colleague if they don’t abide by their contract of employment or terms and conditions of employment. Also they use their grievance procedure to make sure that if one of their employees feel treated unfairly at any time then they can take action. Also they feel very strong about colleague’s welfare, so all employees know that they can contact a wide range of other employees if they have any problems. They are very strict on discrimination in any form towards employees. They say that any employee that disregards their polices can be disciplined and if necessary dismissed from employment. They believe that there should be equal opportunities for every employee in their company.
Their equal opportunities procedures, ensures that they hold fast to the statement. On recruitment and development this means that:
* They appoint, train, develop and promote colleagues solely on the basis of merit and ability
* only those qualifications and skills which are necessary for the job are used as criteria for selection
* all internal and external advertisements must be placed through John Clayton, Operation and Training Director, to ensure that they comply with the requirements of the policy
* interviews are conducted by colleagues who will ask questions which are strictly relevant to the job and non-discriminatory
* no colleague is allowed to interview a friend or a relative
* If the company employs relatives of current colleagues it will not give them preferential treatment nor appoint them against other candidates who are more suitable for the position. This applies whether the relative is seeking permanent or temporary work
* The company would not appoint someone to a position where they would be directly responsible for a relative. Accordingly, it may be necessary for colleagues to be transferred internally. However, discussion with the colleagues concerned would always take place before the transfer occurs.
Richer sounds are very keen to take action quickly whenever a hazard is highlighted. For example, they found that many staff were tempted to climb up the racking in the storeroom to access stock quickly when they were busy. This is potentially hazardous, so we made certain that all stores had adequate ladders and kick step safety stools and that all colleagues received training about lifting and moving stock. All colleagues receive comprehensive health and safety training when they start working at Richer Sounds and at various times later in their careers.
All colleagues learn about their own health and safety responsibilities during induction, i.e.:
* to take all reasonable and practicable steps to ensure the health and safety of themselves, their fellow workers or individuals working on company premises and visiting members of the public and to carry out all instructions laid down by the company
* to report immediately to their manager all instances of damage or accident and all potential hazards
* to suggest ways of improving health and safety, wherever appropriate
* to cooperate fully in the event of an accident occurring at their particular place of work, of either themselves or of others
* to have proper regard for the health and safety both of themselves and of others when on the premises of other companies
Richer sounds give all their employees rights and responsibilities, and ask that all employees adhere to what they are asked to.