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| *Ostroff, Fair and Company>>>Law & Legal |
New holiday law??? |
is my hubby still entitled to extra even though he has no contract!! don't ask me why his boss does not give them contracts!! hubby has been working for him full time for ten years!! yes he is. And Yes he has a contract, All employees have a contract of employment, although it might not be in writing. legally he is entitled to a written statement after 2 months of employment. the written statement lists things like holiday, sick hours & pay. maybe his employer has a copy in his records but just hasnt issued it, or maybe his employer is stupid & not aware they are breaking the law. follow link http://direct.gov.uk/en/employment/emplo... FOR ONE THING IT IS ILLEGAL FOR A BOSS NOT TO GIVE A CONTRACT TO A FULL TIME WORKER WITH THE BASIC TERMS AND CONDITIONS If its the Bank Holiday entitlement you are talking about then Yes everybody will be entitled to the extra days what are you talking about? what new holiday law? what extra? Do you mean, is he entitled to holiday pay without a contract? I doubt he has a leg to stand on without a contract. Contracts / Agreements protect employer and employee, your husband should require one before working. You didn't give very much information for us to answer... Where are you located? Some of these answers are obviously referring to UK vs. US laws and that's apparently a BIG difference... my answer is based on if you are in the United States. 1) Most states are employment at will and do NOT have to have any kind of contract. Employment at will governs that he can quit at any time for any reason and they can terminate him at any time for any reason (as long as it doesn't violate any laws). 2) Federal Law does NOT mandate any pay for time that is not worked. Just because it's a holiday and the company chooses to close, doesn't entitle your husband to money he did not earn. Any paid time off for sick, vacation, holiday, etc... is at the discretion of the employer and is considered a benefit. If your husband has been working at this company FT for 10 years and the company doesn't provide paid time off or holiday pay when they close - that's not very competitive and I would question why he's still there or I would assume there are other good benefits or job satisfaction. However, if the company recently decided to quit paying holiday pay - they are within their right to do that. It's not very nice of them to do it, but they can. http://www.dol.gov/dol/topic/wages/index... You are entitled to a written contract within 2 months of starting a job. You are entitled to the minimum statutory conditions set down whether you have a written contract or not. At the moment employees are entitled to 4 weeks holiday per year. This is pro rata ( if you only work 6 months in a year you will only get 2 weeks). At the moment there is no entitlement to bank holidays. An employer can give you these days off and then take them back from your holiday entitlement. From October employees will be entitled to these days off as well as their 4 weeks. I'm sure they are phasing in 4 extra days in October and the rest next year. |
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