Employment contract?

Question

I'm about to go into full time work for the first time, as i am leaving college, and i know nothing about employment law and contracts. I really want a new car, which i will be able to afford with the pay from my new job as a trainee accountant. The thing is, i don't want to take out the loan if I don't have security that I won't just get fired for no reason. What rights do i have? Is it reasonable for me to request that I be given a longer period of notice than the law requires? Is it likely that they'll let me put that into the contract? and does this override the fact that by law they only have to give me 24 hours notice within the first 4 weeks? Please help, i'm confused

Thanks for sensible answers

It IS a used car.

So, should I just go for the car and just not give them a reason to fire me (not that i would anyway)

PS, i'm in scotland, not US

Answer 1

It's unlikely that they'll want to start negotiating notice periods - doesn't look too good either from their point of view, like you're expecting to be fired! I wasn't aware of the 24hours notice law, so you've got one up on me there! I was certainly under the impression that it was still 1 week's notice. Most companies have a "one contract fits all", and I assume that there would be no reasonable reason for them to have to re-write this for a trainee. If you were a senior, experienced individual that they were very keen to employ it may well be a different matter.

However, they can't fire you "for no reason". they have to go through all disciplinary procedures, tell you if you are not acheiving, review, give written and verbal warnings etc etc. Their procedure should be in writing in your contract of employment, which you'll probably find comes in the form of a company handbook. So the main thing is not to give them a reason to fire you. It will have cost them time and resources to advertise, interview and recruit, so they want you to succeed and stay with the firm every bit as much as you do.

If you have any doubt (maybe you're not confident of your ability or have an appaling timekeeping record) then take out payment protection insurance for the loan, but read the small print carefully to make sure it would cover you.

Answer 2

I went through a similar situation a while back working as a contractor for a big company and pretty much had the same stress (probably more so than you since you're not contracting).
The answer is actually mostly dependent on how you're let go.
- Regardless of being a trainee you are still employed full time so if you do get let go you will qualify for unemployment from your respective state
- I would suggest getting comfortable with your new job before making and financial commitments (like a new car), sometimes college grads simply take the first job they get and later regret it. You should at least try to make do for those 4 weeks and if thereafter you're happy with your situation go ahead and buy that car and build your career.
Remember 4 weeks is nothing compared to the headache you'll be faced with if things go awry, hope this helps and good luck.

Answer 3

You can ask BUT don't do so at the initial Interview (it will put them off) and (to be honest) most Companies will say 'no' (because IF they give it to you, everyone else will want it too - and scream 'discrimination' when they get turned down) :-)

Most big Companies will have 'standard terms & conditions' ..
you can expect 1 weeks notice duirng your 'Trial' period (first 13 weeks) and one months notice after that.

Whilst you can ask for more, it's highly unlikely that wil want to rsik discrimination claims - and anyway their Legal Departmnet will take years to agree to any changes...

Small Companies will tell you any old sh*t and then fire you whenever they want to ..

My recommendation ??

Be a reliable hard worker and they will have no reason to fire you in the first place ... and buy a second hand car outright (ask your parents to help) ...

.. chances are you already have enough Debt (Student Loan) to pay back .. and more Debt is the LAST thing you need (it will be a millstone around your neck for years if not decades.. and if you can't start putting money away for your Pension in the next couple of years, you will NEVER catch up)

Answer 4

Hi Michelle,

Don't rely on your employment status to secure a loan until you have been with the company for at least 12 months. This is the qualifying period for full employment protection under the law, except redundancy which takes 2 years of continuous employment for legal entitlement.

There are exceptions to this. E.g. If you become pregnant and they sack you as a result then this is automatic unfair dismissal and no qualifying period is required.

I would advise that you wait a year before taking out a loan by which time you might have saved up a considerable amount of money towards your car.

Good luck.

Answer 5

Shut the hell up Dr. Laura.. Your not even a doctor and I doubt if you meant your husband is a doctor... NNNOOOOOTTTTT...... since you write Dr. Mrs. (which is completely WRONG!!! GO TAKE AN ENGLISH WRITING CLASS!!!) This girl is asking about contracts and purchasing a vehicle. What the hell are you doing trying to scam this young woman!!! I bet if I were to look you up your in some third world country. Come over to the U.S. so we can put your a** in jail and then get to deport you. Pity we can't stone you as well.

Ignore that writer Michelle. What others wrote the majority are right on the ball with there advice. Do not put yourself in a position of debt until you are secure in your job. On the other hand this is what I found regarding employment contracts in Scotland:

Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things. An employer may not legally offer a contract in which he pays his worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss him unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However this depends entirely on the legislation. You can go to the below link that will give you the entire history and explain the laws in pretty simple English.
Heck if I understood it anyone can!
http://en.wikipedia.org/wiki/Labour_and_employment_law

You can go to this website that discusses unfair dismissals for Scotland. It should give you a better idea of what your protections as an employee are.

http://www.eoc-law-scotland.org.uk


Best of luck in your new job!!

Answer 6

I think that it's important for you to stick to the normal rules of the company at this stage of your career. Later, when you have an established track record, you can afford to negotiate, but not now. Just go along with company policy and be particularly careful during those first 4 weeks to tow the line. As for the notice period (not the 24 hour one, but the more standard one), just look at it this way. You can't tell whether this is going to be the right job for you at the moment and you might well want to move on in due course to something else. Your next employer isn't going to be too overjoyed if you are bound by a longer than normal notice period when he wants you to start as soon as possible! Good luck!

Answer 7

No. You should have negotiated a lesser time period, or an "in the event of.." provision. Since you didn't, you have to abide by the contract you agreed to voluntarily and in good faith. Breech could open you (and/ or new employer) up to significant liability, if the current employer wants to pursue it. I recommend that you talk with the new employer to determine if the job can wait 4 weeks, or find an alternative solution ( for example, work for current employer during the day and some time at night for the new employer).

Answer 8

The first 12 months of employment are the least secure as you don not have access to an employment tribunal to claim unfair dismissal - so yes, it is something of a risk to take out a loan in this period - although you could always take out unemployment insurance cover.
You may find that your employer offers you longer than the statutory minimum notice - they often give one month (they could give as little as 1 week after your first month's service up to the end of your second year). If they do and this is stated in your 'statement of particulars' (you are legally entitled to this by the end of your eighth week of your employment) then this over-rides the statutory minimum.
However, I wouldn't push it too much Michelle - it won't look good if the first thing you do is start haggling over the amount of notice they have to give to dismiss you. I'd advise you to keep your outgoings relatively low - take out insurance to cover the loan.

Answer 9

Bear in mind that you will be hired as a probationary employee. ((All new hires are.)) This means, they could decide at any time you do not fit in and they could terminate you. Even, after your probationary period is up,you still could walk in one day and be told your job no longer exists.
That's how it is, there's no way around it, and you're learning there are no guarantees in life.But you can't live your .life in fear of something that MIGHT happen. You want to be given,in the first day on the job something that most people don' have after working 40 years, job security.

Answer 10

You as well as most people are considered "at will employees" which means you can be dismissed from the job without any reason to speak of. However if you have a employer who is considered decent, you will have nothing to worry about. I have a saying I taught my kids and mentor other kids.. " Take care of your job, and it will take care of you". I have been employed at same company for 28 years and had the same thoughts you are having when I began my career.

Also you become a more valuable employee if you continue to increase your education. Always be ready to volunteer for a project, and if you make a mistake do not hide it, admit to it, explain how you learned from it and go forward.