Contract of Employment

[The Year Of The Fox]

I've been at our firm for 3 years in December. Some of the blokes have been here 17 years. Our company is one of 3 owned by the directors. Our firm have never had a contract of employment which has never really bothered me as if you can prove you've had regular income from them that itself shows youre employed by them.

Our immediate bosses are brilliant but they're putting us under pressure to an extent (pressure coming from the directors) to sign a contract which is blatantly our sister companies contract. For example the contract states we can't use our vans in our own time, two of our bosses who also have to sign this thing don't have a company van, they have company cars which they can use in their own time.

There doesn't appear to be anything malicious in the contracts at all apart from not stating about pay rises in line with inflation which hasn't happened here for about 10 years. Our hours are either 730am-430pm or 8am til 5pm. Yet the contract written for the other firm that we have to sign says it starts from 7am.

Are we within our rights not to sign it unless a new contract is drawn out which applies specifically to our company? I don't see how they can ask us to sign something which they can rely on to use to put us on short hours if work gets tight (understandable) yet say 'but ignore the bit in the contract regarding start and finish times as these don't apply to you're

I don't want to cause problems for my immediate bosses but surely you have to look after number 1 when signing something like this?

[Rocket-Ron]

Ask for a meeting to discuss it with your directors..

[pSinatra]

Are you or any of your colleagues in a union?  As Rocket says, discuss it with your directors as much as you can & try to keep it friendly & informal.  There's no need to go rocking the boat unnecessarily.

 

There are certain procedures, laws & timescales regarding changing contracts, but I'm not too sure in your case as you don't currently have one.  The fact that they are introducing written contracts may actually be of benefit to you?

 

If there comes a point where you feel you're being shafted, then get the union involved.  If only one of your colleagues is in a union - let him fight your case.  They will make sure everything is done properly & this will set the precedent for all other contracts (non-union workers).

[absolutelegend]

You should have a contract of employment - it provides security to both sides, but raise any queries through your boss.

 

The issues you raise don't seem like big ones to me;

 

- I'd expect company cars and vans to have slightly different conditions; company cars are a taxable perk to emplyees, and will be insured for business and personal use.  Vans aren't a taxable perk, and would prob only be insured for business use.

- I've never seen a contract that says you will get a guaranteed payrise every year, inflationary or not (except maybe the public sector).

- Start FROM 7am, seems reasonable if that is the earliest they might ever want you to start.  Realistically they prob won't enforce anything different to what you do now.

 

I'd prob sign it if it were me, after a quick chat with the mgr.

[The Year Of The Fox]

No, noone is in a union. I don't think the bosses wouldind me asking to meet the directors though doing that would make me look a bit of a dick I thought

[The Year Of The Fox]

You should have a contract of employment - it provides security to both sides, but raise any queries through your boss.

 

The issues you raise don't seem like big ones to me;

 

- I'd expect company cars and vans to have slightly different conditions; company cars are a taxable perk to emplyees, and will be insured for business and personal use.  Vans aren't a taxable perk, and would prob only be insured for business use.

- I've never seen a contract that says you will get a guaranteed payrise every year, inflationary or not (except maybe the public sector).

- Start FROM 7am, seems reasonable if that is the earliest they might ever want you to start.  Realistically they prob won't enforce anything different to what you do now.

 

I'd prob sign it if it were me, after a quick chat with the mgr.

Cheers it good ti know most other contracts dont state about payrises. I've no issue in signing a contract. I just dont see the point in having to sign one where only half is applicable. its quite often I start well before 7 as they ask me ti do a lot of the long distance work.

[pSinatra]

No, noone is in a union. I don't think the bosses wouldind me asking to meet the directors though doing that would make me look a bit of a dick I thought

 

It's a tricky one for the workers & the directors.......with them owning 3 different companies & wanting everyone on the same contract.  There's going to be some noses put out of joint.  It's right to be concerned, but it really doesn't sound like they are looking to do anything other than have you all on the same terms & conditions.

 

In my experience, it usually doesn't pay to raise your head too high above the parapet........especially if your expendable.

 

If anything, it sounds like a contract will be better for you than not having one at all. 

[Captain...]

Don't be scared to query it, talk to your boss and colleagues, especially over the start times, you are not causing trouble you just want clarity, you could be right and it is just a copy and paste job.

[The Year Of The Fox]

Don't be scared to query it, talk to your boss and colleagues, especially over the start times, you are not causing trouble you just want clarity, you could be right and it is just a copy and paste job.

It most certainly is. Our bosses have said so themselves!

[DANGEROUS TIGER]

I'm a bit surprised you never had a contract. It is a safeguard for both you and your company. I have never not had a contract, but since I have been medically retired from the police, then it no longer affects me.

[davieG]

If you don't have a written contract Custom & Practice takes over. As for changing terms and conditions be it in a contract or custom and practice as i understand it, well this used to be the case provided they give you notice (could be just a note on a notice board) of any changes, used to be 1 month they can pretty much do what they want provided they're not breaking any laws.

 

Clarifying the details shouldn't be a problem, you should speak to your immediate supervisor/manager and insist they get your points clarified, it wouldn't hurt to just jot them down on paper and date it and hand that over.