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Variable Hours: Model Written Terms

Terms of Employment for Variable Hours Employees  

This statement sets out particulars of the main terms and conditions of employment, in accordance with Part 2, Articles 3 to 9 of the Employment (Jersey) Law 2003.

Name and Address of Employer:

 

Name and Address of Employee:

 

1)  Job Title and Location

You are employed as (INSERT JOB TITLE) or in such role as may be agreed between us from time to time.

Your normal place of work will be as determined by the company but you may be required to work at any place in Jersey as the Company shall reasonably require.

2)  Commencement Date

a)  Your employment commenced on: 

b) Your start date for continuous service purposes is:

c) You will be employed initially for a probationary period of (INSERT NUMBER OF WEEKS) weeks following which, subject to performance, your employment may be confirmed. During the first 4 weeks of employment either party may terminate this contract by giving (INSERT NUMBER OF HOURS) hours notice, after this period your employment may be terminated by notice of 1 week by either party, until employment reaches 26 weeks, after which time statutory notice periods will apply.

3)  Remuneration Hours of Work and duties

a)  You will be paid for XX hours a week. Your normal hourly rate will be (INSERT HOURLY RATE) or any other rate as may be specified from time to time in writing. Payment will be made weekly (STATE DAY OF WEEK) in arrears subject to deductions of Social Security and ITIS in respect of hours worked in the preceding week. The hours of work are from XXX am - xxx pm Monday - Friday (?). Please refer also to paragraph 15 below.

b)  Your duties are set out in a separate document (job description) but the Company may in its discretion require you to undertake any duties it considers appropriate to your skills, and with appropriate training as is considered necessary.

4)  Deductions

The Company has the right to deduct from your pay any sums which you may owe the Company including any overpayments or loans (including season ticket loans) made to you by the Company.

5)  Holiday Entitlement

Your entitlement to holidays and holiday pay is governed by the following provisions:-

a)  Holiday year

The Company's holiday year runs from 1 January to 31 December.

b)  Holiday Entitlement

Holiday entitlement is equivalent to 2 weeks per annum as required by legislation. 

Public Holiday Entitlement :

You are entitled to Bank/Public Holidays that fall on one of your normal working days. If required to work on such days you will receive your normal hourly rate of pay and the equivalent time off in lieu for the hours worked.

6)  Absence/Sickness

If you are not available for work at any time, you must inform the Company of such dates with as much notice as possible.

a)  The Company may in its absolute discretion require medical certificates to be furnished for periods of incapacity of three days or less. In respect of any absence, it may also require a report from your doctor and/or you to be examined by its own appointed doctor.

b)  Any payment made in respect of sickness over and above Social Security Benefit will be at the sole discretion of the Company.

7)  Grievance Procedure

The Company has established a grievance procedure through which employees can seek redress for grievances arising in the course of their employment. This non contractual policy is attached for your information.

8)  Disciplinary Rules and Procedure 

The Company have established disciplinary procedures. This non contractual policy is attached for your information.

9)  Pension Scheme

There is no Company Pension Scheme and employees are advised to make their own provision. 

10)  Confidentiality

a. You may not disclose any trade secrets or other information of a confidential nature relating to the Company or any of its associated companies or their business or in respect of which the Company owes an obligation of confidence to any third party during or after your employment except in the proper course of your employment or as required by law.

b. You must not remove any documents, or tangible items which belong to the Company or which contain any confidential information from the Company's premises at any time without proper advanced authorisation.

c. You must return to the Company upon request and, in any event, upon the termination of your employment, all documents and tangible items which belong to the Company or which contain or refer to any confidential information which are in your possession or under your control.

d. You must, if requested by the Company, delete all confidential information from any reusable material and destroy all other documents and tangible items which contain or refer to any confidential information and which are in your possession or under your control.

11)  Health and Safety

(Health and Safety:  (Whilst there is not a requirement under the Employment (Jersey ) Law 2003, for a written Health and Safety document - this is required for business with 5 or more employees under the (Health and Safety at Work (Jersey) Law 1989 Article (3) (3).)

12)  Termination of Contract

Either party may terminate this contract in writing the first 4 weeks of employment by giving (x hours or y days) notice , after these first 4 weeks 1 weeks notice will be required or as per statute if greater.

13)  Collective Agreements

No collective agreements affect the terms and conditions of your employment.

14) Redundancy/Maternity

As per statute.

15) Additional Variable Hours:

The company may provide you with additional hours as and when work is available in addition to those contractual hours set out in 3a.

Remuneration for Additional Variable Hours of Work and duties

a) Y ou will be paid only for hours worked. Additional hours will be paid at the rate set out in 3a above. Payment for these additional hours will be made weekly/monthly in arrears by (cheque or bank transfer) subject to deduction of Social Security contributions and any other statutory deductions in respect of hours worked in the preceding week/month and will be clearly shown on your pay-slip separate to your contracted hours as above.

b)  Your additional hours of work are conditional on various business requirements. There may be times when no additional work is available for you and the Company has no duty to provide you with any additional work at such times. However when there is additional work available the Company will do its best to allocate such work to you and will endeavour to provide you with as much notice as possible. You will not be obliged to accept additional hours. 

c) Y our duties are set out in a separate document (job description) but the Company may at its discretion require you to undertake any duties it considers appropriate to your skills, and with appropriate training as is considered necessary. You will devote your whole time, attention and abilities to those duties allocated to you during those hours you are required to work by the Company.

d)  Additional Variable Hours do not carry any additional annual leave entitlement.

16) Amendments:

The Company may from time to time review these terms and conditions. Any amendment or additions to the Contract will be issued to you a supplemental document.

I confirm my understanding and agreement to the Terms and Conditions of Employment.

 

Employee's Signature.................................................................. 

Date:

 

Employer's Signature ...................................................................     

Date:

 

 

 March 2015

 

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General Data Protection Regulation