If no contract is signed, who has more rights: employer or employee?

Question

Where I work, I am on less than minimum wage, work eight hours solid with no break, plus I'm being harassed from the other staff because I'm quite shy.
Having decided enough's enough, I want to legally sort out the situation, but as no contract has been signed either way, have I got a leg to stand on if I make a complaint against my boss or leave and claim unfair dismissal?

Answer 1

Standing and not being given breaks is against the law in the USA. This is a terrible violation of your civil liberties and you have a right to complain. Also, being picked on by other workers and being known by your boss is an illegal act; it violates the standards within expectations of life, liberty, and the pursuit of happiness.

Answer 2

It is against the law to work over 4 hours with no scheduled break. YOU can decide if you want to take the break, but it has to scheduled for you. If you work on a computer for 8 hours a day, then you have to have a couple of minutes every hour where you can give your eyes a rest. Have you spoken to your managers about this? That is the first step...communication. If they choose not to take up the offer to talk, then document it and everything afterwards.
Get someone on your side who can see what is happening to you or talk to someone about it. You have exactly the same rights as anyone else in the workplace and if you are being harrassed you can take legal action. Also, the minimum wage thing is an issue................you didn't say how old you are. Minimum wage only becomes applicable at age 22, if you're over 22 then your company is breaking the law by not paying you correctly, sadly tho' if you're under 22, they can pay you legally whatever you agree'd to when they made the offer of employment.
However, you DO have rights and you DO have a leg to stand on. If you have people who have seen the way you're being treated, get them on side so its not just you against the company and if things do go further, its corroboration.
Most of all, don't walk out!! If you do you've lost everything, your job, your wage and your fight......get some proffessional help, either citizens advice or go and talk to a solicitor...they're usually free for the first consultation and if they hear 'harrassment' they are usually very interested.
Good luck hunny, it may not be easy but it will stop the company from doing it to anyone else. I wish you all the very best and hope you come out of this a much stronger person too. *kiss*

Answer 3

What you are signing may not be a legal contract per se, but merely the written terms and conditions of that contract. In English law a contract (of employment) does not have to be in writing. You have a contract of employment by performance. In other words because you're actually doing the work then you have a contract.

It now depends on what the job is, if you work in an office or shop, you (and your employer) are Governed by the Ofiices, Shops and Railway Premises Act 1963. In that act, it SPECIFIES that you are entitled to a break away from your work place of a minimum of 20 minutes between the third and fifth hour.

As to claiming Unfair Dismissal, this depends on how long you have CONTINUALLY worked for this employer - if you have worked at this job for 12 months or more then yes you do have full employment protection rights and can issue proceedings in the Employment Tribunal.

As to Harassment by other employees, you have the right (under the Health & Safety at Work Act 1974) to work in a safe environment. It could be argued that the harassment you are suffering from your colleagues, means that your employer is in breach of your safety - therefore you should make a formal complaint against these so called colleagues to your employer.

It is also possible, but I cannot determine it without a lot more detail from you, that you are being discriminated against on the grounds of your gender. This is contrary to the Sex Discrimination Act 1975.

Want more help??? - email me: - [e-mail]

Answer 4

Like the others, I would first ask what type of job you are doing and if it's not a server, why did you take something for less than minimum wage?

Secondly, contact your labor board for advice. They'll steer you in the right direction. Remember, you only hear about the law suites that were successful and failed cases far outweigh the won cases...by a lot.

Lastly, if you leave, then how can you claim unfair dimissal? Most states are "employment at will" which means either party can terminate the employment at any time, providing nothing illegal is done.

Answer 5

let me guess, you probably work for a privately owned company or property.....you have rights, under the FLSA...which is the Fair Labor Standards Act.
So here is my suggestion, go to the web, google the Labor Board for your area, and file a complaint. Something tells me they will be changing their tune. I promise you that.
And like I said, I would assume you work for someone that owns their own company and could care less about labor laws and don't think anyone will have the guts to complain on them. Plus, they are too stupid to realize that people do think and investigate things and have the ability to pick up a phone or type a letter to the labor board. You have a leg to stand on. If you're a regular employee, then it is AGAINST THE LAW to pay under the minimum wage....unless you are a waitress which that has a different wage they can pay you at.
YOU HAVE A CHOICE! And I PROMISE you that you have no concerns calling the labor board, because they CANNOT retailiate against you. They will be audited for their payroll, and most likely will suffer severe fines and possiblity of other actions. You don't deserve to be stepped on, and you can put a case of documentation. Save your pay stubs, time clock entries/time cards and don't worry about a contract. The FLSA is there for YOUR benefit, and you have no concerns. Take them to the cleaners! Seriously, you can work with this, and who cares if you are shy? Don't quit unless you can, but quitting and claiming unfair dismissal is lying......be professional, be honest and do the right thing....CALL THE LABOR BOARD! You will have them on your side, and you will not be disclosed to your superiors!
If you need help in finding your local labor board, message me! I can help!

Answer 6

You already have grounds to go to the labour board. EVERY place MUST pay a MIN of min wage. You can also go to the harassment board as well, but before doing that I would warn your co-workers first (usually that will stop any harassment in the workforce). As for no contract that is fine as long as you have an employment history. That is your legal record that you are working for the place. If you leave you can't claim unfair dismissal as you would be quitting though.

Answer 7

Relief for you, you are in the best position. Your employer is acting VERY illegally.

Within 13 weeks of your start date, you must be issued with a contract of employment, which states irrefutibly your pay (Which must be above £5.05 if your over 16), your work days and times, your break allowance, and your protection from harrasement. There is a bunch of other stuff too like Holidays and leaving.

Go to your employer, tell him you have no Contract of Employment, and you want to know when you will get one (Be polite). Say you ask on Monday, and he says by Wednesday.

If you have no contract on Thursday Morning, go back to him, and demand a contract to clearly set out both parties right with your employment. You want one by Monday Midday, or you are leaving.

I'll explain if he complies in a moment, but say Monday Noon comes and still no contract. Walk out, leaving a note to inform him that you have left, and will not be considering coming back.

Now, phonebook, find a solicitor who specialises in Employment law. Tell them exactly what you told us, and they will discuss the taking the employer to court for Unfair Dismissal or Constructive dissmissal, (They are almost the same, marginal legal difference).

Now, say he does spit out a contract. Read it first. DONT LET HIM PRESSURE YOU.
1) Is the job title right, does it match your job Description you were given at the start (You were given one, right)?
2) Is the wage acceptable. The NMW exists for a reason
3) Are your hours stated
4) Are your breaks covered. If you work 5 or more hours you are entitled to one half hour break.
5) Is holiday leave covered
6) What is the overtime details
7) Are you protected from harrasement

If your employer is interested in keeping you, he will ensure that the contract fits both ends. If he wants rid of you, sue hm for discrimination.

Answer 8

I am afraid to say that if you have not signed a contract of employment, then you are classed as casual labour, and as such, you have no claim to equal pay, or any other employment rights. You should never, ever accept work without first signing a contract of employment. By signing a contract, both the employer and employee are bound by the terms and conditions in that contract, and both employer and employee keep a copy of said contract. As a casual labourer, you can be dropped at any time, with no valid reason. I would Ignore the bullying as best you can, and look for better employment, I feel that if you complain about the bullying, your employment will be terminated, as they will probably class you as a trouble maker and whistleblower. You have my sympathy, and good luck in finding alternate employment, with a contract and decent pay.

Answer 9

What do you do? If you are a server, they often make less than the standard minimum wage because tips are figured into the wage. If you are alone on the job, there are special rules about taking breaks.

However, being harassed by other employees creates a hostile work environment - this could be grounds for a lawsuit. You need to speak with a lawyer to clarify what your rights are. You aren't going to get correct information on here. Good luck to you.

Answer 10

Definitely the employer has the upper hand. It is greatly illegal and you should have insisted for appointment letter or contract before joing them. Companies of good standing give contact letters for acceptance before they take you. Only small firms do otherwise and the payment of wages/salary, other benefits, working conditions and rules,are erratic.

Even if you take action legally or through any forum, I do not think you will achieve anything great and you will be treated so shabbily and you will be made to leave the job yourself, with bad name and your won mental agony.

Best thing is you try for another job simultaneously and say a big Good-bye to the present employer, when you get it.