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Competence at work

Knowing one’s job is key to performing with competence at work and, in an effort to ensure employees are aware of their expected roles, the recently proclaimed Employment Rights Act 2012 requires a written statement of particulars of employment for workers.

Addressed in Part IV of the act, the Employment Particulars states: “Where a contract of employment is contemplated, the employer shall, prior to or forthwith upon the commencement of the contract, give the employee a written statement of the particulars of the employment.”

According to the legislation, the statement should contain: the name of the employee and the name and address of the employer; the date when the employment begins or began, as the case may be; the date on which the period of continuous employment of the employee begins or began, as the case may be, taking into account any employment with a previous employer which counts towards that period.

The statement must also include the title of the job which the employee is employed to do; a description of the work for which he/she is employed; the scale or rate of wages or the method of calculating wages; the intervals at which wages are paid; the normal working hours; and the period of probation, if any.

In addition, the employment particulars must also specify: the length of notice which the employee is obliged to give and entitled to receive in respect of termination of his contract of employment; the period for which the employment is expected to continue, where the employment is not intended to be permanent; or the date when the employment is to end, where it is for a fixed term; the place of work or where the employee is required or permitted to work at various places, an indication of that and the address of the employer; any terms and conditions relating to entitlement to holidays and holiday pay, incapacity for work owing to sickness or injury including any provision for sick pay or a health scheme; and pensions and pension schemes.

Where an employer does not give an employee a statement as required or the statement he gives does not comply with what is required, the employee may make a complaint to the Employment Rights Tribunal, asking it to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements.

For additional information on the Employment Particulars and other sections of the Act, members of the public may contact the Labour Department.

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