Does everyone have work contracts? Who do they really benefit?

[Pawnless Endgame]

Regarding the doctor, they mean their occu-health dept. I work in the NHS, and if any of us go above a sickness amount that triggers a stage 1 warning, they refer you to occu-health which means you being checked by their doctor.

The 3 months termination notice seems harsh to me though. Everywhere I've worked that had a contract (both public and private) have always been 1 month.

Not sure about the car bit though, but surely they would need a police warrant if they were suspicious of you?

"Weak and Wobbly" - Theresa Mayhem 2017

Off-topic, but noticed your sig. Love it !

 

[Kanifee]

As other have said, notice periods are outlined Ed but flexible depending on the circumstances of the business at the time of your submission. Basically stops them landing In situations of multiple employees leaving at once and stranding them severely under staffed.

Working time directive is not mandatory and neither can it be forced, or reprimanded for non participation so that section wouldn't stand up to enforcement.

The search clause is enforceable on their premises, I've signed inductions to sites that give them the right to search on entering and leaving, this has never been inacted though but again it gives them room to deal with situations should they arise. Off site on the other hand is questionable at best, as far as I know their rights to protect their property stop on their property.

It sounds like they have sat in a room and just chucked this together, is this a small company you work for as I would imagine any reasonably sized business would run this past their solicitors used for employment related issues.

 

[Thekwango]

What the hell do you work as if they feel the need to search you or your vehicle off site?!

Want to search me or my vehicle on site, feel free but you aren't physically touching me - I'll empty my pockets etc. but that's your lot.
Want to search me or my vehicle off site, get the police with a warrant or jog on.

 

[dowie]

searching the vehicle is a bit random - is there some special reason for this related to your employment?

as others have said the EU working time thing is entirely voluntary - they can't make you agree to waiver it

re: the notice period - 3 months may or may not be reasonable depending on your industry, your position etc... tis quite common in finance

re: non compete agreements, these aren't always enforceable, (I'm no solicitor but have had to have one of these checked before) general advice is that the more they try to include (in terms of time, geographical area, scope of the work etc..) the more likely it is to be unenforcible

for example someone trying to prevent you from working for 12 months, anywhere in the EU isn't likely to be able to enforce it, especially if you're not too senior

on the other hand perhaps 3 months might be enforceable

the other thing to consider when making a move is that there might be contracts in place with various clients with anti poaching clauses, they could well be surprisingly naive to this and you need to tread carefully if you try to pull off such a move in future - certainly I've seen cases where people have had their job offers pulled or have been sent home after only being in their new role for a few days after the former employer threatened to sue

 

[Rroff]

Searching a vehicle (on company property) is a bit dodgy ground actually though I don't think there is actual specific legal framework either way - for long and boring reasons to cover their own back they should call the police if they have reason to suspect there is a reason to search an employees vehicle even if an employee has agreed to it in a contract.

 

[Hades]

What have they said will happen if you do not sign it, considering that you will already have an implied contract? I would be cautious of signing something which gives you less rights (searching car, non compete, notice period, etc).

 

[Glaucus]

What have they said will happen if you do not sign it, considering that you will already have an implied contract? I would be cautious of signing something which gives you less rights (searching car, non compete, notice period, etc).

this i would contact union or get professional advice, contracts in general help everyone, however what they are trying to do sounds utterly wrong.

 

[Tefal]

Searching a vehicle (on company property) is a bit dodgy ground actually though I don't think there is actual specific legal framework either way - for long and boring reasons to cover their own back they should call the police if they have reason to suspect there is a reason to search an employees vehicle even if an employee has agreed to it in a contract.

security on our site does random checks in and out, i don't think there is any legal issue with it as its not invasive.

they just open boots/look inside your ruck sack, not allowed to touch iirc.

searching the vehicle is a bit random - is there some special reason for this related to your employment?

tools are expensive

 

[Greebo]

Pretty sure they can't include opting out of the EU working directives as part of their basic employment contract

This. Its optional.

Some of those clauses sound really dodgy. It's always good to have a contract, for both parties, for clarity on things like notice periods, but your employer's one sounds shocking from what you've said!

Bog standard contract. All the points the OP raised I have seen in pretty much every contract I have ever read????? Except the 48 hours which is normally just an optional sheet.

 

[Glanza]

Last time an ex employer gave me a vague and a dodgy sounding contract I went through it highlighted my concerns and sat down with them, Out of the the 10 or so clauses new parts they were trying to add 2 got amended and the other 8 got removed completely.

I asked why they had been added and it was due to someone new starting higher up who'd copy and pasted his old contract near enough.

 

[Greebo]

We had this conversation with our HR Consultant and they said that we could put it in but it wouldn't stand up unless extreme circumstances.

3 Months notice seems usual, last I checked I think mine was double that

Its a standard clause to put in but has to reasonable to stand up. For example you couldn't say you couldn't go work for your rivals nationwide as that means the employee could never get a job again. On the other hand, saying you cant go work for a rival within 5 miles radius might be considered reasonable depending on the job.

It is one of the hardest things to enforce and dont forget your ex employer would have to take you to court over with all the cost involved which is why its hardly ever enforced. Its more there to scare the employee a bit and make them think twice about where they are going.

The only time in my life we have ever pursued this clause was an employee who went to to work for our local rival, didn't give us any notice, took a copy of our entire sales database with pricing structure with him and went into every customer undercutting us by 5% with his new employer.

 

[Semple]

Most of what you've mentioned sounds pretty normal (minus the WTD sutff) albeit poorly worded - unless that's how you've summarised it.

Management positions typically will have 3 months notice, everything else 1 month.

In my contract there was also something about a health assessment if needed would be carried out by a doctor but at the companies expense.

The searching property clause i've seen when i worked in retail. They will have the right to search you/lockers etc whilst on company property. As for searching your vehicle, i would imagine if it's parked in the company owned car park, then same rules as above, if it's a public car park, i suspect they would have zero-rights, same as trying to search your car if it's parked on a driveway at home. In these cases i imagine they would need to get the police involved, and obtain a warrant to search your property.

 

[manic111]

Bog standard contract. All the points the OP raised I have seen in pretty much every contract I have ever read????? Except the 48 hours which is normally just an optional sheet.

The right to search your vehicle is bog standard?

 

[Ayahuasca]

The right to search your vehicle is bog standard?

Yep, covers their back on employee theft as if they can't search then employees could just put something in their vehicle and any evidence is gone once you leave for the day.

Quite common in factories where small expensive parts can be stolen and I know of someone who got caught through an employer searching their car. Had around 4k worth of parts in it.

 

[Psycho Sonny]

I've never had to sign a work contract before, been working at my current company for over 20 years, now my boss has a new business partner and he wants everyone to sign work contracts, ok, no problem, but reading through the contract nothing in there is for my benefit at all, not one thing.

There is lot's of stuff I'm pretty uncomfortable with, for example, they have the right to search me and my possessions, and my vehicle regardless of whether it's on their property or not, I have to agree to work more than the legally recommended 48 hour limit, if I'm off on sick leave they have the right to force me to be checked over by their own doctor, I have to give three months notice of termination, I am not allowed to work at any other place of business unless agreed upon, the list goes on, is this normal?

Reading through the contract is really depressing, It just makes you feel like you have no rights at all.

i'd be fine with them searching me (they don't do this at my work) and my car (don't do this either) if it's parked at work. if it's parked at home and searching my home then they can get the police to arrest me and issue a warrant to search them if they have proof of any wrong doing.

agree to work more than 48 hours a week? well no. my contract is 37 hours per week. i wouldn't be signing that unless i'm getting overtime for every hour worked beyond 37 hours per week or that time back in lieu.

being checked over by their doctor? well that is fair enough. in fact i would welcome it. so long as it's a legit doctor that can prescribe medication, etc. i'd love to have a doctor at my work i could go to. it's a 3 week waiting list for an appointment at my GP by then it's too late as i've usually just went to the hospital out of hours GP.

3 months notice. LMAO. that basically means you cannot leave for another job. no other employer is going to wait around 3 months for you when there are likely people queuing up for your job elsewhere.

your not allowed to work anywhere else unless agreed upon. this is usually standard for trade secrets or rules in place. e.g. if you work in the financial industry which gives out financial advice you also then cannot work as a debt collector, etc. to protect conflicts of interest, etc. it usually just means a quick chat with your manager for any other part time job you may have on the side.

so anything else of concern? you should have a work contract it's to protect you both. however it does look like the new partner may be a bit of a shark. you may see a lot of your rights start to slowly diminish.

 

[something daft already!!]

Have your Union representative have a look over it for you.

 

[pioneer2000]

agree to work more than 48 hours a week? well no. my contract is 37 hours per week. i wouldn't be signing that unless i'm getting overtime for every hour worked beyond 37 hours per week or that time back in lieu.

3 months notice. LMAO. that basically means you cannot leave for another job. no other employer is going to wait around 3 months for you when there are likely people queuing up for your job elsewhere.

lol, you've never done an office job then.

 

[dowie]

Bog standard contract.

No it isn't: searching a vehicle off site (I guess I could see the reason on his way out from work, on company property, if he parks in the company car park) and also a non-compete that doesn't specify duration, geographic location, type of employer etc.. are not 'standard' - it sounds like a very badly written contract and frankly the OP would be doing his company a favour too by flagging up some of it.

 

[Psycho Sonny]

lol, you've never done an office job then.

i work in an office and my contract is 37 hours per week. i can work longer and i get that time back in lieu.

or when overtime is on i get 1.5 times my hourly rate on weekdays and 1.75 times my hourly rate at weekends.

there is no way i would just work extra hours for nothing unless i was a part of the business. e.g. a director or major shareholder.

 

[pioneer2000]

i work in an office and my contract is 37 hours per week. i can work longer and i get that time back in lieu.

or when overtime is on i get 1.5 times my hourly rate on weekdays and 1.75 times my hourly rate at weekends.

there is no way i would just work extra hours for nothing unless i was a part of the business. e.g. a director or major shareholder.

I'm amazed you've held on to your job then. Virtually no company / office i've seen in my time does everyone not do unpaid overtime at some point during the month.