What Happens If You Don’T Have An Employment Contract?

What happens if you don’t have an employment contract?

If you don’t have a written contract, it’s likely that you and your employer entered into an initial agreement verbally, having discussed the main terms at the interview or when you accepted the job role..

Can my employer give me less hours than my contract?

Unless your employment contract expressly allows unpaid or reduced pay lay-offs or short-time working, or you agree to any reduction, your employer is not legally permitted to cut your pay. Whilst your employer may ask you to change your contracted hours, they cannot force you to do so.

Do I have to give notice if I have not signed a contract?

Under the Fair Work Act an award and agreement free employee doesn’t have to give notice to their employer before resigning. … If an employee’s contract is silent about notice, or the employee doesn’t have a written contract, the employee might need to give their employer reasonable notice.

Can employees be dismissed for refusing to accept new terms and conditions of employment?

You may decide you wish to terminate their employment under the “old” terms and offer re-engagement on “new” terms which will constitute a dismissal. If they refuse to sign up to the new contractual terms they will be dismissed for Some Other Substantial Reason (SOSR).

Can you refuse to sign a termination letter?

If it is something that says you agree with their assessment and you don’t, you don’t have to sign. (For instance, “I acknowledge that I came in late 7 times in the past 30 days and therefore I am being terminated.”) If they pressure you, you can sign it with a note that says, “Signing as to receipt only.”

Can my contract be terminated?

Your employer can, however, end your contract without notice if your conduct justifies it. … However, your contract may specify longer periods of notice that you’d need to give if you are resigning, or your employer would need to give you if they were dismissing you.

How long can a company keep you on a temporary contract?

Temporary positions can last anywhere from 1 day to 6 months plus.

Can you be employed without a contract?

There is always a contract between an employee and employer. You might not have anything in writing, but a contract still exists. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract. … These rights and obligations are called ‘contractual terms’.

Is a contract of employment a legal requirement? No, not necessarily. But whilst you do not have to issue a formal, legally binding employment contract, you are required by law to provide all workers with a statement – in writing – delineating particular terms and conditions regarding their employment.

What happens if you do not have a contract of employment South Africa?

If the employer fails to provide the employee with a contract, they could land up in jail (section 93 of the BCEA) or be liable for a hefty fine (schedule 2 of the BCEA). A contract of employment should explain the terms and conditions of your working relationship.