Contract of Employment

The right to an employment contract

Anyone who is considered an employee has the right to a contract of employment setting out the terms of their job. A contract of employment does not even have to take the form of a written contract – it could be a verbal agreement instead. However, even if an employee does not have a written contract of employment, they are entitled to receive a written document establishing the terms of their employment within two months of beginning work with that employer.

Under law, a contract of employment is implied when you accept a job. Beginning a particular job bears the implication that you have accepted the terms of employment under which your employer expects you to work, regardless of whether they have even told you what they are. This is why a written contract of employment can be very important – it means that you are aware of your rights and responsibilities, and the expectations of your employer, and could provide protection in future should you ever end up in disagreement with your employer.

It is important to note that a contract of employment cannot override the employment rights you have under law. A contract of employment is void if it attempts to impose terms upon you which are not legally enforceable due to workplace regulations to the contrary.

If your employer breaches the terms laid out in your contract of employment then you may be able to bring a case against them for breach of contract, especially if you have suffered a loss as a result of this breach. The contract of employment is not simply to establish your responsibilities, it also sets out what the employer must do for you.

Some terms will not be included in a contract of employment as they are required by law or simply assumed due to custom. You cannot assume that just because something is not mentioned in a written contract of employment, it is not expected or even legally required of you, nor can your employer attempt to exploit you in a similar way.