Guy Work

By Mas Smith

 Despite being called a contract, an employment contract doesnt have to exist as a written document for up to two months after an employee starts working for an employer. Don’t contact your employment law solicitor if you have only been in a job for 2 months and have not got a written contract! However, the moment an agreement is struck between employer and employee and work commences, there is a contract in place and both parties have obligations and rights. Unlike a contract to provide services, an employment contract, whether it is in physical form or not, represents a mutual understanding of one-anothers rights and responsibilities under employment law and, for this reason, it is vitally important that both employers and employees understand their rights under employment law.

When an employee starts working for an employer, they accept the terms and conditions of an employment contract, to which they are bound until the contract ends or is changed. A change in the terms of an employment contract can be instigated by either the employer or the employee, though both must agree to the new terms. A common change in employment contracts requested by both parties, for example, is the application for an employee to work at home.

When working from home, employees have the same employment rights as those who work in a conventional environment. Furthermore, before an employee can be allowed to work at home, the employer must ensure that their employee will be safe in their workplace, which includes adequate training for all machinery, equipment, heavy loads and hazardous substances. Since employees who work from home often have practical jobs, this is especially important for employers to bear in mind when requesting that the employee work from home instead of their normal workplace.

Although employers can request that an employee considers working from home, employment law does not allow them to force an employee to do so against their will. Similarly, although employees can request to work from home, employers are not required by law to allow them to do so. Even in the case of employees with young or disabled children, employers are not required to let them work from home, or to give them paid leave to care for sick dependents.

However, if an employee has to take time off work for their own illness, they may be entitled to sick pay. Although employers are not required to pay any extra contractual or occupational sick pay, they are obliged to pay a minimum rate of statutory sick pay of 79.15 per week, on the condition that the employee is earning more than 97 per week and is ill for more than four days in a row. Subject to the same tax and national insurance contributions as regular payment, statutory sick pay lasts for around 28 weeks, after which an employee must claim Employment and Support Allowance, by filling in an SSP1 form. Employees cannot, however, be dismissed for being sick just as they cannot be dismissed for falling pregnant.

Even if she has not completed a single year of continuous employment with an employer, an employee cannot be fairly dismissed for falling pregnant. Instead, she is entitled to 26 weeks of standard maternity leave, an additional 26 weeks of extended leave and paid leave for ante-natal care, after which she has the right to return to work in a comparable position, under the same contractual conditions as when she left. With the exception of payment, she also has the right to the same contractual terms whilst on maternity leave as she had when at work.

All the above are important considerations to take into account when taking on new employees or new jobs. The employment rights of both employee and employer are in place whether there is a written contract or not; an understanding of these right is hence of paramount importance.

Mas is an experienced freelance writer and has experience writing about employment related issues. Visit her blog at http://www.online-solicitor.co.uk

Children: It
s Our Job to Keep Them Safe

By Daniel Smiths

 Its not so long ago that background investigations were associated only with jobs that required a weapon or presented financial temptation, or for positions related to national security. Whether the times are less innocent or the public is better educated to the risks, there is a general acceptance — and moreover expectation — of background checking as a necessary precaution. This is particularly so in service sectors that care for the most vulnerable members of society, most especially children.

In her June 10, 2010 coverage of the Albany County (Wyoming) School District board meeting for the Laramie Boomerang, Eve Newman reported a policy under consideration. With the intent of protecting students while not burdening school personnel with too much additional paperwork, The tentative policy proposes sex offence and criminal history checks of potential public school volunteers who seek to have prolonged or repeated interaction, or participate in any off-campus activity that would have them be alone with students. The districts assistant superintendent for personnel is quoted as saying the only reason were doing it is to protect our children, implying that the school district might have anticipated some resistance to expanding background screening to this population, yet readers comments on the online article showed only surprise that such a policy was not already in place. “It is hard to believe that in this day and age, there have not been background checks on ALL those school district employees working with children, wrote a reader signed Hard to Believe. Similar sentiments were expressed by other readers, some of whom described themselves as active in child-related organizations that have already implemented such policies. These are our children we are talking about, said Lori, the owner of a child care facility, and it is our job to keep them safe.

New York Senator Chuck Schumer agrees. Senator Schumer is looking beyond the teachers, bus drivers, etc. covered by most States to those who provide instruction in the arts, coaching, and childrens entertainment. These positions, he observes, whether paid or voluntary, put dangerous sexual predators in immediate proximity to kids and gives these predators positions of authority while interacting with kids. That is a combination just looking for trouble. On June 20, Schumer proposed a national measure to require sex offender checks for those who hold such positions, whether in organizations that receive public funding or in the private sector. The fact that these convicted sex offenders are able to coach our childrens teams, operate rides at fairs, and teach them dance and music is beyond scary and we must take immediate action to stop it, Schumer said; my hope is that my new legislation closes this huge loophole so no children are put into harms way.

Another loophole is being closed by the New Jersey State Senate Education Committee. As reported by SchoolBusFleet.com, on June 21, by vote of 4-0, the committee approved legislation to extend required background investigations for public school bus drivers to include other bus drivers for whom such checks are currently optional. Under the new law, passed by a vote of 4-0, drivers employed by nonpublic schools, or by companies holding a contract with agencies such as the Department of Human Services, the Department of Children and Families, and the Department of Law and Public Safety, would now be required to undergo a criminal history check. Conducted by the state Department of Education, the mandated check includes input from the Division of State Police and the FBI and also requires the comparison of data files on a regular basis to assist in identifying school bus drivers who have had their special license S endorsement revoked or suspended but who are still employed as school bus drivers.

Expressing the popular consensus, Boomerang reader CM wrote, I think anytime that you have a situation where children are involved there should be background checks done. Increasingly, as these recent examples show, legislation is coming to reflect this. When the care of children is concerned, background investigations are no longer an extraordinary practice, but a standard protection that the general public has come to expect.

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Sterling is the leading provider of employment and background screening services. We offer background checks, drug testing, SSN verification and other key verification and assessment services. Fortune 500 and thousands of other industry-leading companies trust us to select their highest-quality employees.

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The destinies awaiting a Female Olympian

By Angel David

 This lady arrived in 1984 here in this small town, confident that she can become a world class runner and a competitor in the Olympics. Within four short years, her greenish brown eyes were able to capture everything. She was able to attain sixth place in the Seoul Korea Olympics held in 1988 for the women’s 3,000 meter run. And last December, this world class runner finally graduated from school. With her achievements and only at 23, this princess of American middle distance running also got herself a 3 year contract to endorse a popular shoe company.

But then she chose to remain here right in Delaware for now. She beholds the environs of the campus while doing her workouts. As the young 110 pound runner that stands 5 foot six runs, her feet barely get in contact with the ground. She gets fidgety with fame especially when people ask for her autograph. She gets bothered with special treatment for she is a humble lady who believes that she is just another average person.

While she is a normal person, she is definitely not an average girl. In their hometown, she was the first to ever compete in the Olympics. She has already seized four American collegiate records and above that, she is one of the great members of not just six but seven world record relay teams. At school, she led her team, capturing eight individual NCAA championship titles and 14 Big East championship titles. She has also brought home the major awards and trophies.

Now being able to put collegiate competition behind her, she and her track coach in school carefully begin assessing her running career. She knows that this big change calls for equally big mental adjustments. People do not understand this if they have not gone through such experiences. There is so much pressure driving her to become a great runner but most of this comes from her own self. Being under the three year contract with the famous shoe company, her greatest fear would be sustaining any forms of injuries. She’s become more apprehensive now than during the competitions she’s been in the past for there are greater expectations from her.

Without her, people wonder how the local women’s track team can go on. Of course they can, they’re a great team, she said. The things that make her value her privacy are the notoriety, pressure and responsibilities. Even her small family had to make some much needed adjustments and cope with the fact that they are now known as her parents and as her sister and brother. Though her parents were supportive, they were never pushy for they were also laid back.

Her stardom allows her to gain access to the exceptional company she keeps. The elite groups of athletes we look up to and watch on TV are her friends. While she does name drop, this is without any hints of pretention since she has nothing but true affection and concern for these great people that share with her a common link. For instance, as she came back this June from Hawaii after going on tour with another runner, she shares that the last time she saw him was during the Olympic Games. It was cool to be with him for three days, talk about how they were then and just have some good clean fun.

While she shares that she’s got so much time, her list of stuff to do hasn’t shrunk one bit. Beyond her daily practices, she also finds herself busy as a public icon, getting involved in various track meets, banquets, photo sessions, features and other similar activities. On top of it all, this generous lady will share her time and abilities by being a volunteer assistant coach at their local school.

She also wants to become one of the volunteers in an area hospital so that she can be able to keep up with the medical aspirations she has presently put on hold. That can truly aid this former psychology and premed major make a wise decision on whether to continue with medicine or not when it’s her time to bow off the professional running course. Has she thought about her future? She foresees marriage and children, but said they will have to wait until her running career is established. She says that she will achieve her goals and wants first before these other things in life.

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