Rights of employees and workers

A(an) …… has a right:

• To awritten statement – this must be provided within two months of beginning the employment
• Maternity leave and pay, adoption leave and pay and paternity leave and pay
• Antenatal care
• Parental leave
• Time off to care for dependants
• The right to apply to work flexibly
• From 6th April 2010 the right to request time off to undertake study or training is introduced for employees working in companies who have an average of 250+ employees.
• The right not to be unfairly dismissed
• Access to a grievance procedure at work
• Statutory redundancy pay
• Time off for public duties, e.g. Magistrate duties; for Trade Union activities (where your employer recognises a Trade Union, Union representatives have a statutory right to take paid time off to carry out trade union duties and training. A new ACAS Code of Practice was introduced on 1.1.10 to reinforce this statutory right); to attend Jury Service
• A stakeholder pension- (if your employer has more than 5 employees)
• An itemised pay statement

A(an) …… have the following rights:

• National minimum wage
• Rest breaks and paid holiday under the Working Time Directive
• Protection from unauthorised deductions of pay
• Maternity and adoption pay (not leave) and paternity pay (not leave)
• Protection against less favourable treatment if you are part-time
• Statutory sick pay
• Protection again less favourable treatment if you ‘whistle-blow’ (i.e. make a disclosure in the public interest)
• Not to be discriminated against unlawfully on grounds or race, sex, marriage/civil partnerships, maternity/pregnancy, disability, gender reassingment, sexual orientation, age, religion or belief and to receive equal pay (with members of the opposite sex if you can show they are doing similar work of equal value)
• Protection under Health and Safety law
• Protection against discrimination for membership or non-membership of a trade union
• To be accompanied at a disciplinary or grievance procedure hearing

Definition of an employer:

Depending on the applicable statute or provision, an employer is one who employs or uses others to do his or her work, or to work on his or her behalf.

Definition of an employee:

An employee is “one who works for another.” The National Labor Relations Act states that “the term ‘employee’ shall not include . . . any individual having the status of an independent contractor” but does not define independent contractor.

Definition of an independent contractor:

Generally, a person who contracts with a principal to perform a task according to her or his own methods, and who is not under the principal’s control regarding the physical details of the work.

Defining ”Applicant”

Since federal regulations often require employers to track applicants on the basis of race, gender, and ethnicity, it is important to have a clear and consistent definition of who is an “applicant.” Moreover, in this electronic age, technology has altered the way that people apply for jobs. As a result, the Uniform Guidelines on Employee Selection Procedures were modified to include the following expanded definition of applicant in the context of the Internet and related electronic data processing technologies: An “applicant” exists when three conditions have been met:

1. The employer has acted to fill a particular position.

2. The individual has followed the employer’s standard procedures for submitting applications.

3. The individual has indicated an interest in the particular position. Where the applicant is instead a traditional job seeker, the original definition still applies—an applicant is someone who has “indicated an interest in being considered” for employment. The impact of this change is that an e-mail inquiry about a job does not qualify the sender as an applicant, nor does the posting of a resume on a third-party job board.

Common-law agency approach + IRS 20-factor analysis + economic realities test

Under the common-law agency approach, the employer need not actually control the work, but must merely have the right or ability to control the work for a worker to be classified an employee. Although this is a strong indication that the worker is an employee, other factors usually are considered. For example, it has been held that an employee is one who works for wages or salary and is under direct supervision. An independent contractor has benefited as one who does a “job for a price, decides how the work will be done, usually hires others to do the work, and depends for their income not upon wages, but upon the difference between what they pay for goods, materials and labor and what they receive for the end result, that is, upon profits.”

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Date: 2016-01-14; view: 845