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There is always a contract between an employee and employer. You may not have anything in
writing, but a contract will still exist. This is because your agreement to work for your employer
and your employer¶s agreement to pay you for your work forms a contract. Your employer does
have to give you a written statement within two months of you starting work. The statement must
contain certain terms and conditions.

A contract gives both you and your employer certain rights and obligations. The most common
example is that you have a right to be paid for the work you do. Your employer has a right to
give reasonable instructions to you and for you to work at your job. These rights and obligations
are called contractual terms.

The rights that you have under your contract of employment are in addition to the rights you
have under law, such as, for example, the right to a national minimum wage and the right to paid
holidays.

For more details about what rights an employee has by law, see Basic rights at work.

Generally, you and your employer can agree to whatever terms you wish to be in the contract,
but you cannot agree to a contractual term which gives you less rights than you have under law
(see under heading How the rights in an employee¶s contract relate to rights in law).

A contract of employment will usually be made up of two types of contractual terms. These are:

 express terms
 implied terms.

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½xpress terms in an employment contract are those that are explicitly agreed between you and
your employer and can include:

 amount of wages, including any overtime or bonus pay

 hours of work, including overtime hours (there is a legal limit for most employees on the
maximum number of hours they can work per week)
 holiday pay, including how much time off you are entitled to (nearly all full-time workers
are entitled by law to 28 days' paid holiday - they may be entitled to more under their
contract. Part-time workers are entitled to a pro rata amount)
 sick pay
 redundancy pay
 how much warning (notice) the employer must give you if you are dismissed.

The express contractual terms may not be in one written document, but may be in a number of
different documents. They may not be written at all. The express terms may be found in:
  the job advertisement
 a written statement of main terms and conditions (see under heading ½mployee¶s right to
written details about the employment contract)
 any letters sent by your employer to you before you started work
 anything you were asked to sign when or since you started work
 instructions or announcements made by your employer on a notice board at work
 an office manual or staff handbook
 payslips.

You may not have possession of all the relevant papers. You may be able to get copies from your
Personnel Department, foreman, or trade union representative.

You should always keep any papers given to you by your employer.

Because a contract will still exist even if there is nothing written down, anything which was said
to you by your employer about your rights, and anything which you agreed verbally, should be
recorded.

If you are an employee who does not have a written contract, you should consult an experienced
adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB,
including those that can give advice by email, click on nearest CAB.

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Implied terms in an employment contract are those which are not specifically agreed between the
employer and employee.

Implied terms are:

 general terms which are implied into most contracts of employment

 terms implied by custom and practice
 terms from agreements made with the employer by a trade union or staff association.

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The following duties and obligations will usually be implied into any contract of employment:-

 the employee and employer have a duty of trust to each other. This means, for example,
that if you give your employer¶s industrial secrets to a competitor, you will have broken
an implied contractual term of trust
 the employer and employee have a duty of care towards each other and other employees.
This means, for example, that the employer should provide a safe working environment
for the employee and that the employee should use machinery safely
 the employee has a duty to obey any reasonable instructions given by the employer.
There is no legal definition of reasonable, but it would not be reasonable to tell an
 employee to do something unlawful, for example, a lorry driver should not be told to
drive an uninsured or untaxed vehicle
 your employer has a duty to pay your wages and provide work. As long as you are
willing to work, your employer must pay your wages even if no work is available, unless
your contract says otherwise.

 ½xpress contracts means terms of the agreement are in writing. And it is a contractual
term specifically stated to be part of the contract.
 Implied contract means the duties and obligation of both parties are not expressed but are
implied by their acts or conducts. Both indicate by their conduct that they have a mutual
agreement and need not express the agreement in words
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Read more:
http://wiki.answers.com/Q/What_is_the_difference_between_an_implied_contract_and_a
n_expressed_contract#ixzz1Mp28KDBP