Running head: EMPLOYEE RIGHTS 1

Employee Rights
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Employees are protected from unfair treatment by their employees by law. Laws

protecting workers from exploitation are known as Employees Statutory Rights. Employees' law

protects the rights and obligations that exist within an employer-employee relationship.

Employment laws involve diverse legal issues that stem from the complexity of employment

relationships and situations. Although the statutory employee rights enhance fairness in the

workplace, the rights of each may vary from one another depending on the type of job. Employee

rights are thus derived from the statutory laws and the employment agreement.

Q1

In the assessment outcome 4, Sameena is deprived of her Contractual Employees Right.

For instance, her employees (Jess, Leone, and Kim) decide that the company has no obligation to

her. It is therefore clear that the employers suggest that she has no contract with the company.

Contractual employee rights are entitlements set out during the laying out of the terms and

conditions of an employment contract. They are those entitlements obliged to the employees but

not necessarily required by law. The contractual rights award employees additional rights that

surpass the statutory rights minimum (FindLaw, 2019). However, it is worth noting that

contractual employee rights can add more rights but cannot reduce them below the statute laws.

Failing to abide by these rights holds employers liable for breach of contract.

Apart from contractual employee rights, there are other statutory rights that protect

employees. For instance, every employee is entitled to the National Minimum Wage. Each

employee must be paid at least the national minimum wage which is $7.6 per hour for workers

above the age of 21, $6 for workers aged 18-21, and $4.4 for workers aged 16-17 years

(FindLaw, 2019). Within the first two months of employment, an employee should be provided
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with details and the principal terms and conditions of the job which include the job title,

expected hours of work, wage rates, and details of pension if any among other information.

Every worker is entitled to the right to unpaid time off work to pursue training, attend to

emergencies, and attend trade union activities.

Employees have the right to a paid holiday annually. Every full-time employee is

entitled to a 5-6 weeks paid off time each year (FindLaw, 2019). For part-time workers, each is

entitled to a pro-rata.

No employee should be forced to work for more than an average of 48 hours per week

unless they confirm to do so in writing.

Employees have the freedom from discrimination at the work station. This includes all

forms of discrimination such as disability, sex, age, race, religious beliefs, and sexual orientation.

Q2

Although Sameena had set employment contracts for other employees, she failed to

establish a contract for herself. An employment contract is an agreement between employers and

employees and forms the foundation of employment relationships. An employment contract is

valid immediately after an employment offer is made. For a contract of employment to be

practical, several terms and conditions must be outlined. The terms and conditions include:

 Job information- This consists of the job title, team, and department in

which the employee will work (Schwab & Thomas, 2006). This section explains how

work is evaluated and the seniors to whom the employee reports.

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 Time off- The policy of time off must be explained thoroughly by an

employment contract. This section should include the number of paid vacation days,

unpaid leave, and explain unexpected emergencies such as sickness. It should outline if it

is possible for employees to make up for lost hours by working overtime and during

weekends.

 Compensation and benefits: This is one of the essential sections of an

employment contract. It should outline the package of compensation and other benefits

(Schwab & Thomas, 2006). Therefore, it should include the monthly salary, raises

information, incentives and bonuses and how they may be obtained. Benefits such as

medical care should also be outlined in this section and the amount that a beneficiary of

such funds pays.

 The schedule of employment- The set session of the job should be

included in the contract. This section should include the hours that the employee should

work and other available working options such as working from home.

 Employee classification- This section explains whether a worker is hired

as an employee or a contractor to enhance insurance and tax compliance. A clear

differentiation between an employee and a contractor should be stated.

 Confidentiality agreement- A confidentiality agreement should be stated in

the contract. It should guarantee the security of employees' private information and

handed over to the worker for signing. This section may be included in a digital segment

instead of adding it as a separate piece of paper.

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 Termination terms and conditions- In this section, the requirements of

terminating employer-employee termination should be stated. Alongside them, the

amount of notice required should be indicated.

 Requirements after termination- Restrictions and mandates after an

employee leave a company are included. These requirements aim at protecting the

company's market (Schwab & Thomas, 2006).

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References

Employee Rights 101 - FindLaw. (2019). Retrieved from

https://employment.findlaw.com/employment-discrimination/employees-rights-101.html

Schwab, S. J., & Thomas, R. S. (2006). An empirical analysis of CEO employment contracts:

What do top executives bargain for. Wash. & Lee L. Rev., 63, 231.