Direct Payments – Sample contract of employment Fact Sheet 24 Sample Contract of Employment Employer’s name: Employee’s name: Date employment started: Job title: Personal Assistant. Job role: This is described in detail in the job description attached to this contract. Your employer may require you to carry out other reasonable duties at times in line with your overall job role. Main place of work: Your usual place of work will be your employer’s home address, but you will also be required to accompany your employer to other places within your working hours, as described in your job description. Confidentiality: It is the nature of this post that you will be privy to private information about your employer, their family and their domestic or personal circumstances. This information is to be treated in strict confidence and cannot be discussed with any one else without the Employer’s specific permission, or in an emergency situation. Your employer is required to hold personal information about you as part of your personnel record, and will abide by the Data Protection act and disclose this information only to relevant third parties such as HM Revenue and Customs. Probationary period: This post is subject to a probationary period of (usually three months), during which time the employment can be terminated with one week’s notice by either party. At the end of the probationary period your post will be reviewed at a meeting between you and your employer, and as long as the probation period has been completed satisfactorily the post should be confirmed. If there have been problems during the probation period, it may be extended by your employer while these are resolved, or the employment may be terminated. Version 1.0 - April 2012 – POhWER Buckinghamshire Direct Payments Advocacy Service – Fact Sheet Registered Charity Number – 1061543 Company Number - 3323040 Hours of work: Your normal hours of work will be … per week, and you will be required to complete these hours between (start and finish time) and / or on (days). If sleep-overs or waking nights are required, whether regularly or occasionally, these should also be detailed here. Due to the nature of the PA post, there is a need for PAs to be flexible and understand that these hours may be changed as required, with as much notice as possible under the circumstances, according to the employer’s needs. If you are going to be more than 10 minutes late it is important that you contact your employer as soon as possible but at the very latest 30 minutes before you are due to start work: failure to do so may constitute a disciplinary matter. Salary: Your salary will be £(insert weekday hourly rate before NIC or Tax deductions) for weekdays, £(insert weekend hourly rate before National Insurance Contributions and Tax deductions) for weekends and bank holidays and £(insert rate for sleepover before National Insurance Contributions and Tax deductions) for sleepovers / waking nights. Your salary is payable (insert either monthly or weekly) and will be paid on (insert date of salary payment) by (insert direct payment into your bank/cheque/cash). The employer will deduct National Insurance and Income Tax as required by law. The employer may also deduct any overpayment of wages or holiday entitlement. Pensions: There is no pension scheme available with employer’s contributions however if you are eligible you may be offered access to a Stakeholder Pension scheme. Holidays: The holiday year is from (insert holiday year – usually either 1st January – 31st December or 1st April – 31st March) and you are entitled to … days per year, which will begin to accumulate pro rata from the date your employment starts. Bank holidays are / are not (delete as appropriate) included in your annual holiday entitlement. Payment will not be made for any unused holiday and these cannot be carried forward into the next holiday period unless agreed by the employer in exceptional circumstances. Holidays must be agreed with the employer at least one month in advance of the planned start date, and should not be for more than two full weeks without the employer’s prior written consent. Should you exceed your holiday entitlement before leaving employment then this will be deducted from your final salary payment; conversely, if you are owed holiday then you will be paid for the outstanding entitlement. Version 1.0 - April 2012 – POhWER Buckinghamshire Direct Payments Advocacy Service – Fact Sheet Registered Charity Number – 1061543 Company Number - 3323040 If it is agreed that you will accompany your employer on their own holidays as part of their required support, this time will be considered to be working hours and you will not be expected to use your own holiday entitlement to fulfil this role. Sickness absence: If you are unwell and unable to work you should inform your employer as soon as possible, and no less than one hour before you are due to start work, so that alternative care and support arrangements can be made. You will need to provide a Self Certificate and will be entitled to Statutory Sick Pay (SSP) on production of this. if you are sick for more than seven days, then you will need a medical certificate from your GP. Any sickness certificates must be sent to your employer immediately: do not wait to take them in when you return to work. Maternity / Paternity / Adoption Leave and Pay: All statutory allowances will be made as part of this employment, in line with current legislation and guidance. Termination of employment: During the probationary period either party may terminate the employment by giving one week’s notice. After the post is confirmed, either party can terminate the employment by giving one calendar month’s notice. The employer reserves the right to pay your basic salary in lieu of notice instead of requesting that you work your notice period. In these circumstances you may not be employed by any other person or company whilst receiving pay in lieu of notice. The employer reserves the right to dismiss you without notice, or pay in lieu of notice, in cases of serious breach of the terms of your employment, gross misconduct or gross negligence by you. In these circumstances you will receive a letter setting out the details of the alleged misconduct and inviting you to a meeting to discuss the matter. You will have the right to take someone else with you to the meeting. After the meeting you will be informed in writing of any further action to be taken. You have the right to appeal but must do so within 10 working days of receipt of the notification of the decision. Collective Agreements with Trade Unions: There are no collective agreements with trade unions or other employee groups which affect this contract of employment. Disciplinary and Grievance procedures: There is a disciplinary and a grievance procedure attached to this contract for your information. Version 1.0 - April 2012 – POhWER Buckinghamshire Direct Payments Advocacy Service – Fact Sheet Registered Charity Number – 1061543 Company Number - 3323040 Health and Safety: You are required to observe basic common sense health and safety procedures during your hours of employment, and to abide by any specific risk assessments provided by your employer. I have read and agree to abide by the above contract of employment and all additional documents referred to herein. Signed: …………………………………………………… date: ………………. EMPLOYEE. Signed: …………………………………………………… date: ………………. EMPLOYER. Version 1.0 - April 2012 – POhWER Buckinghamshire Direct Payments Advocacy Service – Fact Sheet Registered Charity Number – 1061543 Company Number - 3323040
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