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The employee has various rights at the employment place. When they are entered with the contract of employment then they get the various rights.
Right at work
The right at work of the employee depends upon these:
- Statutory rights
- Contract for employment.
These rights are passed by the parliament in which employee gets the legal rights regardless working hours per week and other things they get various statutory rights. Sometimes employee gets the right for a certain period of time or s certain length of time. There are various statutory rights which are mentioned below which are entitled to employees.
- They have rights to get the written statement of the employment contract within two months when they start their work.
- They have to right to get the national minimum wage and it is applied upon the employee when they start their work.
- They have right to get the pay slip form the day when they start their work.
- They have right to get the pay on holidays.
- They have right to get the maternity leave
- They have right to get the paternity leave.
- Right to ask for the flexible working.
- Right of health and safety at work.
- They can work for the 48 hours per week.
- They cannot be discriminated on the basis of the caste, sex, religion etc.
- They have the right to carry their work until they don’t reach at the age of the 65 years.
- They have right to get the written notice of dismissal of the job before one month.
- The notice should be given in the written form and also specified the reason for the dismissal. If any woman employee has been for more than one year then they can take the maternity leave.
- If any employee is unfairly dismissed from the employment, then they have the right to claim compensation if they are start working before 6 April 2012 or two years.
- The part time employees have the same rights which the full time workers have.
There are various additional rights which are set out in the contract of employment.
The workers who are not entitled to the statutory rights are mentioned below:
- Any individual who is not the employee like freelance writer, freelance workers, casual workers, trainee, or any self employed person then they have no right to get the statutory rights which are mentioned above.
- Any employee who works outside the UK.
- Any individual who is the police member; they are covered under the discrimination law.
- Any individual who is the armed member; they are also covered under the discrimination law.
- Merchant seamen
- Shore fisherman
- Some workers are not entitled to get the benefit of the paid holiday. The working hours are also limited by the law and they have to act according to the employment contract.
- The doctors who are under the training don’t get the paid holidays and even they have to work on the limits and conditions of the employment contract. The working hours are also limited they have to work for 58 hours in a week rather than 48 hours
Rights which are available under the contract of employment
When the employee starts working, then the employee or employer has to enter into the contract. The contract can be written form or in verbal form it depends upon them. The contract of employment also includes the ‘custom and practice’ agreements. It states that how the employees have to work in the workplace. For instance, if employer gives holiday in August to the employee who is not mentioned in the contract then it will be become automatically part of the contract of employment. If the employee does any work with the knowledge of the employer and which is not mentioned in the contract, then it will also become the part of the written contract.
The contract which is illegalin nature:
- If the employee gets his salary in cash in hand
- If the employee has the knowledge that their salary is paid in this manner, which avoids from paying the national insurance and tax.
- If the tax and national insurance has not been paid.
There are written statements in which terms and conditions of the contract of employment are stated like:
- Employee’s job title
- A salary which is not below the national minimum wage
- The working hours of the employee
- Sick pay
- Number of holidays which are entitled to the employee
- Any pension scheme
- Giving one month notice before the dismissal of employment
Under the contract of employment, the employee gets the bank holidays with the other statutory holidays they are paid holidays. Employees get the sick pay if they are not working due to the illness. There are various employees who get the sick pay in addition to the other holidays.
Employees has the right of the time off work
Employees have the statutory rights to take the paid at the time off work for the following:
- If they are carrying the official work
- If they are working for the health and safety representative of the trade union.
- Take paternity leave.
- If an employee gets training which have the age between 16-17
- Participate in the trade union activities
- If they are performing the public duty
- Take the parental leave.
The employee has the right for asking for flexible working
If any employee who works at least 26 weeks, then he has the right to ask for the flexible working. It includes:
- Work from home
- Work in shifts
- Work in compressing hours
- Work in flexible work hours
Employee right of health and safety
All the employees who are working at the occupational place they have right of health and safety. Employers are under the obligation that they have to provide the proper care for the health and safety. They have to provide the safety to the employee at the workplace.
- They have to provide the first aid facility.
- Protective gloves
- Protective clothes
- Maintaining the machines
- Fire safety
- Drinking water should be clean
- Smoking at work should be banned.
Employee right of discrimination
Discrimination is that in which all the employees are not treated equally they are treated unfairly. It is unlawful if any person is discriminated on the basis of the race, caste, sex, religion. They are protected under the discrimination act. Employees face different kinds of discrimination which are stated below:
Whistle blowing at work is the malpractice which is kind of threat for the lady workers. They are protected from these kinds of malpractices. If an employer or employee disclosed the information of another employee and employer in public then it is known as whistle blowing. Information which is disclosed to the public include:
- It damages the environment of the employment.
- Criminal offense.
The employer has the right to monitor the work of the employees. They have to communicate with the employees about the work if they work doing the wrong work. They can monitor through the e-mails, use of the internet, fax, telephone calls, through any post, CCTV camera.
Employees have the right to get the notice of the dismissal by the employer. The notice should be provided before one month which has to be in the written form. It is automatically when this condition is written down in the contract of employment or not. The employer has to give the written statement in which he should mention the reason for dismissal. He can hold meetings for discussing any matter and also hold the meeting in which employee can make the appeal against the dismissal of the job.
It is the legal body in which they have to deal with the complaint regarding the employment rights. It comprises of two qualified judges and two other people who are representing their employer and employees. The problems which are dealt by the employment tribunal are:
- Regarding the terms and conditions of the written statement
- Regarding any right of maternity
- Make discrimination
- Did not make payment
- Health and safety problem
- Without any reason or unfairly dismissed the employment
Employees have to give the written notice to the employer related to the dispute before filing suit in the tribunal. If any person files suit, they have risks of losing his job. For claiming in the tribunal there is a specific period of time in which employee can file the complaint. The time period is three months from the dispute has arisen.
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