Despite being a legal demand, there are several employees who do not have a written contract with their employer. Having a proper physical documented contract is proof of your job. If you encounter any problem during your employment time, you can go to the court of law. But if you do not have a proper contract, you cannot do anything legally.
But that does not mean that you do not have proof of your job. If you show up for work daily and do your job properly, they will be proof of your job. But in terms of conditions and regulations, you do not have any proof against the company.
If your employer is not offering you the contract and you are unsure about what to do, you can get help. Just click here and read more about the way to find contract terms. Furthermore, you will also find help in case you are unhappy with your contract. If the employer writes a statement on the contract, which is not suitable for you, you can ask for change.
What if you do not have an employment contract?
If you are new to your job and your employer has not yet given you the contract, you can create your own. Making a contract is not a tough job. You can easily get the sample online. Look for it, state your conditions and ask your employer to sign it. If not, you can simply ask your company to provide you the contract according to their conditions. Gatekeeper HQ suggested that both parties must read and sign the contract to avoid any contract breach in future. Furthermore, if there are certain conditions that are not suitable for you, ask for a change. Otherwise, you may look for another job.
In certain countries, the labor inspection authorities are quite active. Therefore, employers are bound to establish a contract for every single job. Furthermore, if the employer did not keep the contract safely, he will have to pay a fine of up to $1000.
Things that you need to do
1. Create a new contract
If you do not have an employment contract yet, you can create your own or ask your company for it. But you might not know the elements that should be there. So here are the basics that you need to know.
There are 3 main elements that should never be ignored.
1. Verbal elements
Verbal elements include the terms and conditions that are not mentioned in the contract but are decided verbally. These elements are also discussed during the initial stages. For example, the employer asks to do a certain job and you will get benefits according to your performance.
2. Written elements
Written elements are the most important part of the documentation. They are the only proof that you can use against your company in case of any illegal work. Furthermore, if you are not getting your full rights, you can sue your company for that. Therefore, both parties are bound to keep a copy of this agreement with them.
The things that should be written in the agreement include;
- Pay statement – i.e. how much pay you will get.
- Benefits programs that include extra projects, commissions and bonuses, etc.
- Any sort of paperwork that is associated with taxation.
- The grants that you will get and the stock options (if they offer).
All of these factors must be in the written form. For example, if the company agrees to pay you $5000 monthly, it should be mentioned. Otherwise, even if the company does not pay you the stated amount, you cannot do anything against them.
Furthermore, if there is any change in the above-mentioned conditions, you won’t sign a new agreement. But instead, you will get a message or an email from the company. Thus, it will be proof of the alterations that occurred over time.
In addition to this, there is an Employment Standards Act that defines the basic employment agreements. This act sets the minimum requirement for employees. Therefore, even if you think that you do not have a documented agreement, you do. At least in the eyes of the law, you have that.
3. Conduct-based elements
Nothing in this world is permanent. Everything has to perish. People change and so do their relations and feelings towards each other. So even if you think that your employer is too good for you and your working relationship is also positive and will never change, you are wrong. You can encounter any negative event and that can impact your job.
Likewise, it is highly possible that you make a big breakthrough and the company gets enormous profit from it. Thus, the owner awards you with a hefty amount. Similarly, your small mistake can result in losing a great opportunity and the company demotes you.
All of these elements do not have a written position in the agreement. Therefore, such awards, merits and demerits are based upon your job performance and your conduct. If your job performance is good, you will get benefits from it.
2. Ask your company for the contract
If you have not received a formal agreement yet and you are already doing the job, ask your company. Furthermore, if the labor union is active in your country, the companies are bound to keep a documented proof. Therefore, if you are working without a formal agreement, you are likely to be entrapped in fraud. Or it can only be an incidental case.
So the important thing is that you ask your employer first. If he provides you the documented agreement, it is fine. On the contrary, if the employer makes excuses and does not sign a proper agreement, you might become a victim.
Therefore, always keep in your mind that written and signed agreements are your safety measure. They will provide you a sense of security. Furthermore, you can always protect your rights. Especially in case, you feel that you might become a victim of some scam.