劳 动 合 同
EMPLOYER’S NAME: ____________________________________________________
地 址： _____________________________________________________________
This statement is issued in accordance with the current employment legislation and sets out the terms and conditions of your employment with the Employer.
EMPLOYEE’S NAME: _____________________________________________________
Your employment will begin on: _____________________________________________
JOB TITLE: _____________________________________________________________
From time to time the Management may consider it necessary for you to do other jobs within your skill and competence.
Your wages will be paid at monthly intervals and will be paid directly into your Bank account on the last day of each month.
Your basic hourly rate is £_______ per hour per ______ hour week and will be subject to review from time to time but not less than annually.
When it is required for you to work overtime this will be compensated at the Employer’s discretion either by time off in lieu or by payment at a rate no less than your basic hourly rate.
NORMAL HOURS OF WORK:
Monday to Friday
09.00 hours to 17.00 hours
(Employment Contract – Cont’d.)
HOLIDAY ENTITLEMENT AND PAY:
The Employee is entitled to __________ working hours holiday per year.
The holiday year will commence on 1st January and end on 31st December of the same year.
Holidays will be paid at basic rates of pay.
ALL HOLIDAYS MUST BE PRE-BOOKED IN AGREEMENT WITH MANAGEMENT.
The Employer reserves the right to reimbursement by the employee for any payment in excess of holiday entitlement on termination of service.
All holidays must be taken in the holiday year – no holidays may be carried forward to the following year without prior agreement with the management.
Compassionate leave will be given sympathetic consideration by the Employer. The Employer however does not hold itself bound to make any payment for compassionate leave unless taken as part of current holiday entitlement.
Maternity leave will be subject to the guidelines laid out by the Department Social Security (“DSS”) or such other relevant government authority or legislation from time to time.
Should you be unable to attend work due to sickness you are required to contact your immediate supervisor by 11.00 hours on the first day of incapacity.
Where sick leave exceeds three days in one continuous period the Employer will pay at half your basic rate the first three days. Thereafter pay will be at the current rate of Statutory Sick Pay. Where periods of incapacity are linked, as laid down in DSS Statutory Sick Pay regulations, you will only receive Statutory Sick Pay at the current rate from the first day of incapacity.
For short term periods of sickness the Employer will pay a maximum of 10 days in any one year at your basic rate for sick leave.
Where long term sick leave is necessary, the Employer at its discretion will top up your Statutory Sick Pay entitlement up to a maximum of one third of your basic rate, for a maximum period of 5 weeks from the start of the period of incapacity. Thereafter you will receive Statutory Sick Pay subject to the rates and regulations currently laid down by the DSS.
(Employment Contract – Cont’d.)
The Employer reserves the right (at its own cost) to reimbursement of all payments made during sick leave should the employee receive compensation from a third party for any injury sustained or illness contracted whilst representing the Employer away from the Employer’s premises.
All leave due to sickness must be supported by a bona fide medical certificate. This may be in the form of a Self Certificate (form SC1) for the first 5 working days and thereafter a Certificate from your General Practitioner.
The Employer reserves the right (at its own expense) to have an independent medical opinion on any injury or sickness of a long term nature with special regard to future fitness for employment.
All Company sick leave will be calculated from 1st January to 31st December the same year.
RIGHTS TO NOTICE:
After 4 weeks continuous service the following periods of notice will apply:
Service Completed By Employer By Employee
工作完成情况 公司 员工
Under 12 weeks 1 week 1 week
12周之内 1周 1周
Over 12 weeks 4 weeks 4 weeks
12周以上 4周 4周
You may be required to give your notice in writing.
By actual agreement these notices can be waived by either party. The Employer reserves the right to waive notice periods and make payment in lieu.
GENERAL RULES AND PROCEDURAL GUIDELINES
The Employer expects employees to be punctual and regular in their attendance for work. It is understood that employees will always do their work to the best of their ability to maintain good working relationships with everyone else in the Employer and preserve the reputation of the establishment.
Employees must report for work suitably clothed and equipped.
You may be required to complete a time sheet of your weekly activities which must be completed and handed in by 17.30 hrs on Friday of that week and placed in the box provided.
(Employment Contract – Cont’d.)
(Subject to the provisions re: “Serious Conduct” and “Gross Misconduct”)
The development and prosperity of the Employer and of its employees is dependent to a large extent on its ability to achieve and preserve a high standard of co-operation and discipline. The Employer believes that most employees understand and accept this and that there must be rules of conduct and behaviour if the Employer’s activities are to be smooth and orderly.
The employee will be given a formal oral warning, and advised of the reason for the warning and that this warning constitutes the first stage of the procedure.
Further misconduct or failure to respond to the first warning will lead to a further warning. This will be in writing and set out the nature of the offence as well as the likely consequences of further offences. The employee will be reminded that this is the second stage of the procedure.
Failure to improve in response to the procedure so far will result in the issue of a final written warning. This will state the nature of the offence and likely consequence should the employee’s conduct continue to be unacceptable, which would normally be dismissal.
Failure to meet the requirements set out in the final written warning will normally lead to dismissal with appropriate notice of termination, or payment in lieu of notice.
During all stages of the disciplinary procedure the employee will be given the opportunity to state their case before a decision is reached.
It is an employee’s right to be accompanied or represented by a colleague from the Employer during all stages of the disciplinary procedure.
All warnings both verbal and written will be noted on the employee’s record for a period of 6 months for minor misconduct and 12 months for serious misconduct and may be reflected in any reference the Employer may be called upon to submit.
(Employment Contract – Cont’d.)
Where conduct occurs which the Employer regards as a serious breach of the General Ruleand Procedures the Employer reserves the right to issue an immediate first and final written notice without issuing verbal or written warnings as in the Disciplinary Procedures first and second stage.
An example of serious misconduct would be:
Negligence: where an employee carelessly causes the Employer to fail to meet its standards of performance or customer service.
Absenteeism: should an Employee be absent for a period exceeding three consecutive days without prior arrangement or valid reason the Employer will view this as serious misconduct and immediately issue a first and final written warning.
It is emphasised that these examples are not exhaustive.
Misconduct under this heading is regarded by the Employer to be so serious that an employee who commits it may be summarily dismissed. In such cases the Employer reserves the right to waive notice of termination and payment in lieu of notice. The following examples give an indication of the Employer’s view of gross misconduct. It must be stressed that this list is not exhaustive. Some of these offences might well entail prosecution as well as dismissal, depending on the circumstances.
- Taking away Company property, property held in trust by the Employer or the property of its employees without permission.
- Wilful refusal to carry out a reasonable instruction from a supervisor or member of the management or other forms of wilful insubordination.
- Violence, threats of violence or abuse both physical or verbal to other employees, management or visitors. This will be deemed to include working on site or representing the Employer away from the Employer’s premises.
- To report for work whilst under the influence of alcohol, or other substances, or to become unfit for work during working hours due to the influence of alcohol, drugs or other substances.
- Improper use or dangerous use of Company property.
- Improper dangerous or indecent behaviour.
(Employment Contract – Cont’d.)
- Breach of confidence: employees are not permitted to communicate information of any kind regarding the Employer’s affairs, activities, work, techniques or procedures to any person not authorised to receive it, be they a member of the Employer or not.
- Knowingly and wilfully causing delay to jeopardise the meeting of a delivery date.
- Knowingly and wilfully failing to meet the Employer’s accepted standard of excellence and high quality of production.
In serious cases the Employer reserves the right to suspend the employee concerned with pay whilst an investigation takes place.
Should you be unable to comply fully with the requirement of your position the Employer reserves the right to terminate your employment subject to the provisions of “Rights to Notice”.
The following are examples of circumstances covered by Capability:
- Should an employee become unfit and be unable to comply fully with the requirements of their position the Employer gives no guarantee that alternative employment will be offered. In such circumstances, should alternative employment not be available employment will have to be terminated.
- Should an employee be consistently unable to meet the standards of quality and excellence required by the Employer. Subject to provisions re: “Disciplinary Procedures”.
The above circumstances are examples this list is not exhaustive.
Should an employee be unable to comply fully with the requirements of his position due to a legal requirement the Employer does not guarantee alternative employment and reserves the right to terminate employment subject to the provisions of “Rights to Notice”.
An example of this would be:
Should driving be required as a necessary requirement of their position and they become disqualified from driving.
This is stated as an example – this example is not exhaustive.
(Emplyment Contract – Cont’d.)
This procedure should be followed if an individual grievance relating to your employment requires settlement.
The first step is to raise the matter with your immediate supervisor either orally or in writing. If the matter has not been resolved within seven working days you may request that the matter be dealt with by one of the Directors/Partners, who will be informed by your supervisor how the matter has been dealt with so far. The Directors/Partners decision in all matters will be final.
INVENTIONS AND IMPROVEMENTS
Any invention, improvement in process or design, software, writing or training programme relating to or capable of being used or adapted for use by the Employer (whether patented or not) which the employee may make or discover or create during his period of employment with the Employer remains the sole and absolute property of the Employer.
The employee shall fully communicate any such inventions or improvements to his manager and do all such acts as may be desirable to assist the Employer to protect such property.
DUTY OF GOOD FAITH
Except with the express permission of a Director/Partner of the Employer the employee will not engage in or be concerned with (whether directly or indirectly) with any other business or trade which interferes with or conflicts with the performance of his duties under this contract, or which competes directly or indirectly with the business of the Employer.
Following termination of this contract the employee will return all Company property, copies of Company documents, disks or other material obtained from or relating to the Employer. The employee will inform his supervisor of any password or other obstacle known to him concerning the use of the Employer computer network and will not damage the network in any way whatsoever. The employee will be held personally liable for any loss suffered by the Employer as a result of failure to comply with this clause.