According to the law, 80% of the working people of UK belong to the criteria of employed people and therefore, it is evident that there will be an employment contract between the employers and employees, where the privileges and duties given by the employer to them needs to be explicitly mentioned. The contract of employment should also state the rights of the employees. As far as the employee is concerned, he/she is an individual, which is generally the norm in most organization but the employment contract can also be signed between an employer and a corporation. In our discussion, we will use the term employer to represent the partner who is in dominance in the employer-employee relationship. This is based on the analogy of master slave relationship where, the slave is obliged to his master. Similar goes for the case of an employer and an employee. But people who are engaged in self-employment or work as subcontractors enjoy greater freedom and a sense of autonomy. But the downside is that they don’t have a legal employment contract and therefore no legal action can be taken if discrepancies arise.
Employees enjoy many legal rights as compared to those of non-employees. Some laws of employment apply to all the workers of the organization, while some laws are applicable only to the employees. But the non-employees work under contract for services; the contract of services are not applicable for them. But in this case, employees enjoy better rights and privileges, which are safeguarded by the law of the country. The statutory rights which are provided to the employees have been presented in the table which has been presented below. This list of rights which needs to be provided to the employees are prepared in the year 2004.
Apart from the above discussed statutory rights which are given by the Acts of the Parliament, employer are required to provide necessary privileges to the employees and same goes for the employees. This exchange of rights, duties and obligation does not exist in any other form of relationship other than the employment relationship. There are various duties of the employees towards the employers. These obligations are listed below:
- Employees get the following from employers :
- Responsibility of care
- Promise to provide work and to pay the wage which has been agreed upon.
- Duty of treatment of the employees with respect
- Duty to support employees
- Responsibility to provide a safe place to work
- Employers get the following from employees:
- Responsibility to cooperate
- Responsibility to obey the laws
- Responsibility to exercise the required skills
- Duty to be faithful
- Both the employers and the employees get the following from each other:
- Responsibility to maintain a relation of confidence and trust
- From employees and ex-employees:
- Responsibility of fidelity
Once the employment contract has been accepted, neither party can change the terms & conditions. An employer is not allowed to cut the pay of the employees, or change their working hours, or cut their entitlement to holiday or change the work location. Where an employer brings such changes without securing the agreement of employees, it can lead to legal action being taken against the employer.
Given below is the checklist which lists down the requisites of the terms of employment: