The following is provided as a guide only for prospective employees. It is an example of the contract you will be required to sign when commencing work for PEM.
The UK government changes and adds employment law and the interpretation of the law, on a regular, almost monthly basis. As it is impractical to issue new contracts fast enough to keep up with the changes, this means that in all
instances where specific employment law exists it will supersede this contract and PEM and the employee shall be bound by the minimum requirements of that law
PEM Sheet metal Contract of Employment 2005 V2.0.
Terms and Conditions of Employment
This document serves as a legally binding contract between PEM Sheet metal Ltd and the employee. Its purpose is to clarify the responsibilities of both parties and is compliant with both English and EEC law.
The terms PEM and
‘the company’ refer to PEM Sheet metal Ltd.
1.00) Employment Details
1.01) Employees Full Name : XXXXXXXXXXXXX
1.02) Address : XXXXXXXXXXXXX
1.03) Employment Commencement Date : XX/XX/XX
1.04) Job Title : XXXXXXX
1.05) Job Description : XXXXXXX
1.06) Responsibilities : XXXXXXX
1.07) Remuneration per Hour / Salary : £XX.XX
1.08) Paid Weekly / Monthly
1.09) Payment if weekly is week in hand. Nominal payment day is Thursday.
1.10) Employment Basis - Permanent / Fixed Contract
2.00) Hours of Work and Overtime
2.01) Start time 07:00
2.02) Finish time 15:30
2.03) You are required to work between your start and finish times Monday to Friday.
2.04) Lunch is 30 minutes from 12:00 to 12:30 and not paid time.
2.05) You are
required to clock in and out at the start and finish of your work period. If you leave the premises for any non-work related reason including lunch breaks you must clock out and back in.
2.06) Hours worked are calculated by complete
quarter hour increments.
2.07) Overtime is calculated and 1.5 times your rate and is calculated weekly on hours worked above 40 hours per week.
2.08) Hours worked on Sunday and counted as overtime (see 2.07) are paid at 2 times
your rate.
2.09) The Hours of Work (2.01, 2.02) are your normal working hours. Occasionally you will be expected to agree to reasonable requests to work outside these hours to cover exceptional workloads.
2.10) In the event of
work shortages or other circumstances beyond the control of PEM Sheetmetal Ltd the company reserves the right to lay employees off or impose short time working or suspension. Payment at these times will be at PEM’s discretion, but
in any event will be equal to or exceed legal requirements.
3.00) Sickness and Sick Pay
3.01) At the discretion of the management, sick pay amounting to your basic wage will be paid for the first 14 days of sickness each tax year (6th April to 5th April the next year) subject to the following;
3.02) You must have
completed 1 years service. In the interval between the completion of 1 years service and the 6th of April (3.01) your entitlement of qualifying sick days will be calculated on a pro rata basis, rounded down to the nearest whole day. If
you have not completed 1 years service you will be entitled to Statutory Sick Pay (S.S.P). Note that currently SSP is not payable on the first 3 days of a consecutive period of illness.
3.03) You must contact PEM by 10:00 on each day
of sickness and give the company an indication of your state of health and when you expect to return. In the event that you do not contact the company it will be assumed that you are merely absent and your entitlement to any payments for
that day will be forfeit.
3.04) Company Sick Pay includes any entitlement to SSP.
3.05) If your absence continues beyond 3 days you must provide a self-certification form, available from your doctor, hospitals or the DHSS to be
eligible for SSP
3.06) If your absence continues beyond 7 consecutive days you must obtain a medical certificate your doctor or hospital to continue to get SSP
3.07) Payments will be withheld if in the opinion of the Company you
are abusing the system or not taking reasonable steps to hasten your recovery. Abuse of Sick Pay will be considered cause for dismissal.
3.08) Entitlement to full sick pay rather than SSP should be considered an optional benefit and
as stated in 3.01 is discretionary. It is normal for the company to ask for a medical certificate before full sick pay is granted for sick leave of any duration.
3.09) Sick pay is not paid during notice periods.
4.0) Holidays, Public Holidays and Holiday Pay.
4.01) In addition to holiday entitlements stated below, you are entitled to all Statutory and Public Holidays with pay. In the event that the business requires you to work a statutory or public holiday, substitute days will be added to
your holiday allowance or payment will be made in lieu. Work done on these days will be paid as per section 2.
4.02) You are entitled to holiday at your basic wage for 20 days during the holiday year. (1st January to 31st December)
4.03) Holiday entitlement is accrued at 1.666 days per complete calendar month. For instance to take 3 days holiday you must have worked for 2 complete calendar months. (2 x 1.666 = 3.332 days). Holiday is calculated in half-day
increments.
4.04) Holiday may be taken in half-day increments. Morning or afternoon: 0700 to 1100 or 1100 to 1530 hours.
4.05) Holidays count towards overtime (see section 2.07). One half days holiday counts as 4 hours, a full day
8 hours.
4.06) Holidays must be agreed with the company at least 5 working days in advance of the requested holiday start date.
4.07) Whilst the Company will try to respect your holiday preferences as far as possible, the Company
reserves the right to require that holidays are taken at such times as to ensure the efficient running of the business.
4.08) You are required to take your holiday entitlement during the holiday year. Vacation days will not be carried
over to the next year.
4.09) During the Christmas period it is often not efficient for the Company to open between statuary holidays. You will need to reserve some of your holiday allocation for these days.
4.10) During an
employees second complete holiday year the company may at its discretion allow holiday to be taken in advance of the 1.666 days/ calendar month accruing rate.
5.0) Termination of this contract by Employee.
5.01) After one months employment the Employee is required give a minimum of two complete weeks (Monday through Friday) notice of resignation. After 5 years service 4 weeks notice is required. This must be submitted in writing.
5.02) Failure to submit written notice in the correct time or failure to completely work the notice period or absenteeism (see 3.03) will be considered breach of contract. All payments owing for week in hand, Holiday (4.03, 4.07)
owing or other monies may be retained by the Company.
5.03) After working the notice period, payment for that week will be made on the next normal pay day together with any week in hand and holiday pay owning.
5.04) Payments in
lieu of outstanding holidays will be made at the employees basic rate (1 day = 8 hours) and are not subject to overtime as defined in 2.07
5.05) Statuary sick pay only will be paid for sick days within this period. (see 3.02, 3.03and
3.09)
5.06) During the notice period you may be, at the Company’s request, required to take any outstanding holiday entitlement.
6.0) Disciplinary, Dismissal and Grievance Procedures.
The following procedures comply with the Employment Act 2002 (Dispute Resolution) Regulations 2004, which came into effect 1st October 2004.
6.01) For employees who have worked for the company for less than 1 year PEM may verbally terminate this contract with a minimum of 1 week’s notice.
6.02) For employees who have worked for the company for more than one year
the following applies.
6.03) In the first instance PEM may issue an Informal Warning. This will entail a discussion with a senior member of staff, the purpose of with is to help the employee conform to their responsibilities. The
employee will be informed of problems and actions will be stipulated to help them achieve the standards required. Unless otherwise stated an informal warning will remain applicable to any further disciplinary action instigated up to 1
year later.
6.04) If the situation does not improve to the Company’s satisfaction a Formal Warning may be conducted. In this case a meeting will be held with the Employee and a senior member of staff. The Employee has the right
to be accompanied by a colleague. If, at the end of the meeting, the Employee has not offered a satisfactory explanation a Final Written Warning will be issued. The employee has the Right of Appeal (see 6.06) The Final Written Warning
will detail the grounds for the complaint and will warn that failure to improve or modify behaviour may lead to dismissal. It will refer to the Right of Appeal. Unless otherwise stated a Final Written Warning will remain applicable to any
further disciplinary action instigated up to 1 year later.
6.05) If the Company is not satisfied that the Employee has conformed to the requirements in the Final Written Warning, the Standard 3 Step Process as detailed in Employment
Act 2002 Regulations will come into force.
Step 1, The Employee will receive a written explanation of the conduct, capability or other circumstances that have led to the Company considering Dismissal or Disciplinary Action. A hearing
will be arranged.
Step 2, A hearing will be held to discuss the issues. The employee has the right to be accompanied by a colleague. After the hearing the employee will be informed of the Company’s decision regarding termination
of their contact. Also see 6.06 and 6.17.
Step3, The Employee may appeal to the decision. See 6.06 Right of Appeal below.
6.05) If an Employee wishes to exercise their Right of Appeal they must apply in writing to the member of
staff who issued the Final Written Warning, Dismissal or Grievance Decision. Another meeting will be held and the Employee will be expected to produce new evidence to explain their actions. If the company is then satisfied with the
evidence, the Final Written Warning / Dismissal / Grievance Decision may be revoked or altered, if not it will stand.
6.06) If there is a real reason to fear violence, harassment or vandalism the Company may adopt the ‘Modified
2 Step Process’ for dismissal in which case a Dismissal Hearing will not be required. The employee still as the Right of Appeal but this will be conducted via correspondence.
6.07) The following notice periods apply
0
– 1 months Service Notice Period 0
1 month – 2 years Service Notice Period 1 week
After 2 years Service the Notice Period is 1 week for each complete year worked up to a maximum of 12 weeks.
6.08) The notice period
is calculated using the date of notice of dismissal not the date of contract termination.
6.09) PEM Sheetmetal may require an employee to work the notice period or it may decide to request the employee does not attend the work place.
In this situation the employee is paid for a 40 hour week on the normal pay days. In ether case the person in question is still an employee of the company until the end of the notice period.
6.10) If the employee is required to work
their notice period but then is absent (Note section 3.03) they will be considered to be in breach of contract. All payments owing for week in hand, Holiday (4.03, 4.07) owing or other monies may be retained by the Company. This contact
will be deemed to terminate on that date.
6.11) Week in hand payments and holiday pay (see 4.03, 4.07) will be settled normal payday following the termination of the contract.
6.12) Holidays owing are calculated at the date of
termination of the contact. (The last day of employment) and are calculated as defined in 4.03 and 4.07.
6.13) Payments in lieu of outstanding holidays will be made at the employees basic rate (1 day = 8 hours) and are not subject to
overtime as defined in 2.05
6.14) Statuary Sick Pay only will be paid for sick leave during the notice period. (See 3.02, 3.09)
6.15) At the companies discretion holidays owing may often be required to be taken as part of the
notice period.
6.16) Employees flouting Heath and Safety requirements (including operating machinery under the influence of drugs or alcohol), exhibiting violent or abusive behaviour, or undertaking criminal activity (such as theft)
may be subject to summery dismissal. No notice period need be given.
This will be considered Breach of contract. All payments owing for week in hand, Holiday (4.03, 4.07) owing or other monies may be retained by the Company (Gross
Misconduct)
6.17) Suspension – The company reserves the right to suspend employment without pay pending Disciplinary or Dismissal proceedings or as a consequence of serious circumstances (such as a fire or loss of a major
contract). Holidays are not accrued during suspension.
6.18) Outstanding Holiday entitlement may be required to be taken as part of the notice period.
6.19) If the employee has a grievance the employee must send a written
explanation of their grievance to a senior member of staff stating the basis for their complaint. The Company will invite them to a meeting. After the meeting the Company will inform the Employee of its decision regarding the grievance.
The employee has the Right of Appeal see 6.05
6.20) Gross Misconduct. All payments owing for week in hand, Holiday (4.03, 4.07) owing or other monies may be retained by the Company in cases of Gross Misconduct.
7.0) Heath and Safety
7.01) The Company will provide instruction on machine operation and good practise in the work place as required.
7.02) The Company will provide the following safety equipment:
Gloves, Goggles / Safety Glasses, Ear Defenders, Ear
Plugs Filter Masks.
7.03) The employee is required to return worn out safety equipment before being issued replacements. Failure to return equipment may result in a charge.
7.04) The employee is required to inform the company if
they have any issues (Such as insufficient training) with regard to Heath and Safety and Machine Operation.
7.05) Any defects in plant or equipment must be reported immediately.
7.06) All accidents must be entered in the accident
book.
7.07) The employee is expected to supply suitable work boots and overalls.
7.08) The employee is required to follow all Safety Procedures and Notices and at all times to act with due regard to the safety of themselves and
others.
7.09) Working whilst adversely affected by drugs or alcohol will not be tolerated.
7.10) Any Safety Issues raised by an employee will be considered in prompt manner by the Company and with no prejudice to the Employee. (If
you’re worried about something – Tell us!)
7.11) If you have less than 3 years experience in Sheetmetal work and your job entails production operations your are required to keep Safety Gloves and Safety Glasses / Goggles
on your person at all times within PEM.
8.0) Information Technology
8.01) Computer Systems at PEM are all ‘mission critical’. Due to the risk from computer viruses and other problems unless you are given explicit permission employees are expressly forbidden from;
8.02) Introducing into
the company, or using, floppy disks, CDs, DVDs or other information media brought in from outside PEM.
8.03) Running or installing games or other software.
8.04) Downloading information or programs from web sites
8.05) Opening
any file attachments to emails.
8.06) Reconfiguring or altering Operating Systems, Applications or Hardware without explicit permission.
8.07) The dissemination of user names and passwords both outside and inside the company.
8.08) Attempting to gain access to areas of the system they have not been assigned permissions for (Hacking).
9.0) Intellectual Property
9.01) All rights to designs, ideas or concepts developed during company time remain the property of the company.
10.0) Confidentiality
10.01) Employees are required not to disclose information to third parties that may prove detrimental to the company or it’s customers during or after cessation of the other aspects of this contract. This information includes, but
is not limited to, Pricing Information, Pay Scales, Sales Lists etc.
10.02) Employees must abide by any confidentiality agreements the company is bound to with third parties.
10.03) Information held by the company about employees
will be treated as confidential.
11.0) Property
11.01) All items manufactured whilst at PEM remain the property of the company. This includes, but is not limited to, Jigs, Fixtures, Clamps, Tools.
11.02) The company is not responsible for personal property on the premises.
11.03) The employee may be expected to supply their own basic hand tools (files, hammers etc) if their responsibilities require the use of such tools.. These tools will be replaced by PEM when they have been shown to have been worn
out whilst in use for the Company.
11.04) Private Work. Any items or materials manufactured or used for home use must be declared to the Company before starting work. i.e. jobs made from scrap in lunch breaks etc. Generally PEM will
oblige this type of work so long as permission is obtained before the job starts and the work is for the employee personally and defiantly not for re-sale.
12.0) Disclosure
12.01) The employee is required to disclose any criminal convictions or pending court actions. THIS INCLUDES ALL DRIVING OFFENSES
12.02) The employee is required to disclose any other source of employment to the Company. The Company
reserves the right to judge whether other employment may adversely affect PEM (see sections 9.0 and 10.0). As an example, working in the evenings for a competitor of the company would be judged incompatible with continued employment at
PEM and could be considered cause for dismissal.
12.03) The employee must inform PEM of any medical problems that may affect their work, especially with regard Heath and Safety. The company will treat this as confidential (see 10.03).
12.04) PEM does not discriminate against disabilities. However, we have a responsibility with respect to the Health and Safety of all our staff. As such it could be considered unsafe for an employee with Epilepsy or Attention
Deficiency Syndrome (for example) to operate machinery or Fork Trucks etc. Any issue such as this must be disclosed immediately and a Risk Assessment will be conducted (In confidence if required). If there is perceived to be a Safety Risk
the Company will endeavour to find more suitable duties for the employee if possible.
12.05) The employee may be held financially liable for any injuries arising to themselves or other persons, or damage caused as a consequence of
deliberate nondisclosure, and may be subject to summery dismissal.
13.0) Company Vehicles
13.01) The use of company vehicles requires a clean driving license. You do not have insurance if you have outstanding convictions on your license and may be held liable in the case of a claim. (12.01 and 12.05)
13.02) In the event
of an insurance claim the driver may be required to pay the insurance excess.
13.03) Permission must be obtained for the use of Company Vehicles for private purposes. Please be aware that there may be personal tax implications
associated with this.
I AGREE TO THE TERMS AND CONDITIONS SPECIFIED IN SECTIONS 1 THROUGH 13 OF THE PEM SHEETMETAL LTD CONTRACT OF EMPLOYMENT 2005.
SIGNED (Employee) DATE
SIGNED DATE
On behalf of PEM Sheetmetal Ltd.
Appendix 1
The Working Time Regulations 1998 Opt Out Agreement – The 48 hour Working Week.
The Working Time Regulations 1998 came into force effective from 1st October 1998. This has the effect of limiting the maximum hours an employee can work to an average of 48 hours per week when calculated over a 17 week period.
The regulations allow individual workers to opt out of this restriction by agreement with their employer. If you wish to exercise this right you must sign this form and return it to the company.
Please note that you are not required to sign this agreement, but if you do not sign and return this agreement to the company you will not be able to work for periods in excess of 48 hours per week and you will not be eligible for
overtime
I HEREBY CONFIRM MY AGREEMENT TO WAIVE THE RESTRICTIONS ON AVERAGE WEEKLY WORKING TIME AS SET OUT IN THE WORKING TIME REGULATIONS 1998.
Signed
Date
© 2005 - 2007 PEM Sheetmetal Ltd
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