法律英语词汇“statement of terms of employment”的翻译、意思、用法、释义-法律词典

statement of terms of employment
A statement in writing that an employer must give to certain employees under the terms of the Employment Rights Act 1996 (as amended). No later than the commencement of employment (previously no later than two months after the beginning of employment), the employer must give the employee a statement setting out the following information (the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018):

• the names of employer and employee;

• the date employment commenced;

• the date when the employee’s period of continuous employment began;

• the scale or rate of remuneration or method of calculating remuneration;

• the intervals at which remuneration is paid;

• the hours of work;

• the holiday entitlement (which must be sufficiently specific to allow the employee’s holiday entitlement to be precisely calculated);

• the procedure to be adopted in the event of incapacity for work as a result of sickness or injury (including sick pay provisions, if any);

• pensions and pension schemes;

• the length of notice the employee is obliged to give and entitled to receive to terminate the contract;

• the title of the job the employee is employed to do or, as an alternative to the job title, a brief description of the work;

• if the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date it is intended to end, and the probationary period for the role, and the conditions that apply during the same;

• the place of work or, if the employee is required to work at various places, an indication that this is the case; and

• any collective bargaining agreements that directly affect the terms and conditions of employment.

Where there are no particulars to be given (for example, if there is no pension scheme), this must be indicated.

If the employee is required to work outside the UK for more than one month there is a requirement for additional information to be given relating to the length of the period of this employment, the currency in which remuneration is to be paid in that period, details of additional remuneration or benefits connected with working outside the UK, and the repatriation arrangements.

The statement must also include a note giving certain details of the employer’s disciplinary and grievance procedures and stating whether or not a pensions contracting-out certificate is in force. The note of disciplinary and grievance procedures must cover any disciplinary rules and dismissal procedures that apply to the employee.

Some of these particulars may be provided by way of reference to documents other than the written statement, provided the employee has reasonable opportunities to read these documents in the course of his employment.

If any amendment is made to any of these terms after the statement has been (or should have been) issued, the employer must give the employee a written statement setting out the details of the change not later than one month after the change has been made.

Failure to comply with any of these requirements gives the employee the right to complain to an employment tribunal at any time during the currency of the employment, or within three months of the employment coming to an end.

The written statement, although providing evidence of the terms of employment, is not itself the contract of employment.