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As an employee, my employer has neglicted to issue me with an employment contract. Even after numerous requests (almost 6 months now) and many promises by my employer, I still do not have a contract. Someone has advised that my employer is required by law to have an actual contract in place. Where can I seek assistance in reporting this anonymously? Many of my colleagues have also complained that they have also not received contracts.
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In the absence of a contract, the Basic Conditions Of Employment govern the relationship, without variation.
The employee is pretty much covered, but the employer is vulnerable due to non-compliance:
29. Written particulars of employment
(1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing-
(a) the full name and address of the employer;
(b) the name and occupation of the employee, or a brief description of the work for which the employee is employed;
(c) the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
(d) the date on which the employment began;
(e) the employee's ordinary hours of work and days of work;
(f) the employee's wage or the rate and method of calculating wages;
(g) the rate of pay for overtime work;
(h) any other cash payments that the employee is entitled to;
(i) any payment in kind that the employee is entitled to and the value of the payment in kind;
(j) how frequently remuneration will be paid;
(k) any deductions to be made from the employee's remuneration;
(l) the leave to which the employee is entitled;
(m) the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;
(n) a description of any council or sectoral determination which covers the employer's business;
(o) any period of employment with a previous employer that counts towards the employee's period of employment;
(p) a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.
So as you can see, it is the employer who is at risk, not the employee.
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