Continuous employment is the length of time an employee has worked for his or her employer without interruption. You can read more about continuous employment on GOV.UK. All employees have an employment contract with their employer. A contract is an agreement that establishes an employee`s contract: if you want to make a change to your contract, talk to your employer and explain why. Employees have rights enshrined in law – these are called “legal rights”. Any rights you have under your employment contract are in addition to your statutory rights. If you don`t agree, your employer can`t just make a change. However, you can terminate your contract (by notice period) and offer you a new contract with the revised terms – effectively dismissing you and taking you back. The rights you have under your employment contract are in addition to the rights you have under the law – for example, the right to receive the national minimum wage and the right to paid leave. Sometimes it is necessary to change the terms of an employment contract.
Find out why your contract could be changed, what your rights are, and how to avoid or resolve issues related to those changes. There is always a contract between an employee and an employer. You may not have anything in writing, but a contract still exists. This is because your agreement to work for your employer and your employer`s agreement to pay you for your work form a contract. Your employer must issue you a written declaration within 2 months of starting work. The declaration must contain certain conditions. When drafting such provisions, it is important for the parties to distinguish between the “date of the contract” and the “date of entry into force”. The “Contract Date” is the date on which the parties agree to be bound by the terms of the Service Agreement and the “Effective Date” is the date from which the parties agree that the terms agreed in the Service Agreement apply. To minimize the risk of backdating, please contact Parker McCay`s Corporate Law Department to draft and review your company`s retroactive agreements. In this scenario, the effective date is March 1 and the contract date is April 1. Your employer can extend your trial period as long as your contract indicates it.
For example, your employer may want to extend your probationary period to give you more time to evaluate your performance. However, you can only do this if your contract has a duration that states that your trial period can be extended in these circumstances. Your employer doesn`t have to specify how many hours of work they will give you if you have a zero-hour contract. If you have a zero-hour contract, your employer can`t stop you from working for another employer. Aside from the more obvious deterrents mentioned above, another important reason for not backdating a document is that it is simply not necessary. Every employment contract has “implicit” terms and conditions for employees and employers, including: It`s a common myth that parties can backdate a commercial or technology contract to ensure it covers events that occur before the signing date. However, backdating a contract in this way can be a criminal offense and is often completely avoidable, as the same effect can be achieved through careful legal drafting. For legal reasons, you must refrain from using backdated documents. In other words, there are few occasions when it is appropriate to use retroactive documents. In practice, however, the use of backdated documents occurs, for better or for worse. It is generally believed that the backdating of an agreement is made with the intention of deception. However, backdated documents are feasible in certain cases where the parties entered into an agreement at some point but were unable to keep that agreement in writing on that date.
To account for such cases, most jurisdictions allow contracts to have an effective date earlier than the date the documents were signed. This is commonly referred to as “anti-dating”. An unauthorized unilateral change is likely a violation of the employment contract, and the fact that the employer has informed you of the change will not make it legal. However, if you accept the change without protesting, chances are you have implicitly accepted the change and lost your right to oppose it. A company (the customer) wants to procure certain IT services that its IT service provider is expected to start on March 1. Negotiations on the terms of the service contract between the parties are taking longer than expected, so the service provider will start working in the meantime. The parties agree on April 1 on the terms of the service contract they intend to sign at that time. The backsating of a contract may constitute a criminal offence under section 17 (False accounting) or section 19 (False statements by business managers) of the Theft Act 1968. It may also constitute forgery under section 1 of the Counterfeiting and Counterfeiting Act 1981, as the document becomes a “false instrument” if it is “amended on a date … it wasn`t really done. Employees can also request changes to the terms of their contract. Here`s what you might want: A contract gives you and your employer certain rights and obligations.
The most common example is that you have the right to be paid for the work you do. Your employer has the right to give you proper instructions and work for you in your workplace. These rights and obligations are referred to as the “Contractual Conditions”. If you believe the job offer has been withdrawn due to discrimination, you may want to consider taking legal action for discrimination before an employment court. .