Employment status
Your employment status can determine your rights as well as the responsibilities of employers.
The main types of employment status
Employer
You have a contract that allows you to work for money or receive a benefit in form. This could include a contract for casual, freelance, and zero-hours work.
Employee
You are bound to an employment contract. Every employee is a worker, but employees also have additional rights.
Employee stockholders
You have at least PS2,000 worth shares in the parent or employer’s company and are working under an employment contract.
Independent contractor and self-employed
You own your business. While employment law may not cover you as your own boss in most cases, there are some protections.
National Minimum Wage & National Living Wage
The minimum hourly salary you can earn is dependent on your age and whether or you are an apprenticeship.
The National Minimum Wage is only available to those who are at least 16 years of age. If you are over 23 years old, the National Living Wage will apply.
Acas is here to help if there are any questions or concerns about your rate.
Time regulations
Full-time employees are entitled to basic rights, as well as protections.
You:
Unless you are able to choose to opt out of the limit, and provide written confirmation to your employer, you will not be required to work more then 48 hours per week
You are entitled 5.6 weeks (28 Days if you work 5 day a week) of paid vacation per year. Your employer has the option to include public holidays into this total
Between working days, you have at least 11 hour of rest. If you work from 8pm to 7am, you can’t start the next day until you get at least 7am.
Each week, you have the right of an uninterrupted 24-hour break from work or 48-hours each fortnight
You have a 20-minute right to rest if your shift is longer than 6 hours. Additional breaks can be granted by contract.
Although there are some exceptions to this right, such as the armed force and emergency services, the principle is that every worker should have at least 90 minutes of rest per week.
It is worth reviewing your employment contract. You may be entitled to different breaks or additional rights.
Part-time employees need to have the same contractual rights in place as full-time workers, and at the same rank.
Young people
Job Start Payment
Job Start payment is a new benefit that will help you to cover the costs associated with starting a new career. If you’re a young adult who has been unemployed and is on certain benefits, you may be eligible to apply.
School leaving age
You lose some rights to work if you are older than 16 when you leave school. If you turn 16 in the period between 1 March and 30 September, you may leave school at any time after 31 May that year. If you are 16 years old between 1 October and 31 September, you may leave school at any time during the Christmas holidays. This is the minimum age you can leave school.
If you are over 18, you can work fulltime.
You cannot:
Do not accept a job for which you are not mentally or physically capable
Working in an environment where you are exposed to chemicals, toxic material, or radiation can be dangerous.
Work that is exposed to extreme cold or heat or vibrations could be dangerous
Under these circumstances, you cannot work unless it is necessary for your training, if an experienced person supervises you, or if your risk is minimized to the lowest possible level.
These rules do not apply to temporary or occasional work you do in a family-owned business or private home.
You may be subject to additional restrictions if your child is under the school-leaving age.
If you are 14-15 years old:
Although you can do “light work”, you are not allowed to work in factories, industrial sites, or most pubs and betting shops.
You cannot work between 7am-7pm
Summer vacations allow you to work up to 35 hour a week or 8 hour a day for younger children (under-15s can work for 5 hours).
If you work for over 4 hours per day, you are required to take a break of at least one hour.
You need to take 2 weeks of vacation consecutively per year, during school holidays
A job that is harmful to your education, well-being, or health cannot be done.
Under 14-year-olds are prohibited from working except for:
To take part in entertainment such as sport, advertising or modelling, plays, films or television (but you would need a performance permit)
to do odd jobs for a parent, relative or neighbour
You can babysit
Other דיני עבודה rules may be applicable depending on the bylaws of your local authorities. Get in touch with your local authority today to learn more.
You may also need an employment permit issued by the education section of your local authority. This must be signed by your employer as well as one of your parents.
Employment rights
ACAS can offer advice on how to protect your rights when you are working.
Take-offs and payments
Only after 7 days have passed, you will need to show proof that you are sick to be able to take time off for work. During your illness, you can still use your statutory holiday entitlement.
For up to 28 consecutive weeks, the weekly rate is PS95.85. Employers may offer more if they have a company sick leave scheme but not less.
Gender reassignment
Your employer can’t discriminate against you if you have to take time off because of gender reassignment. This should be treated just like absence due to illness or injury.
Your rights after having a baby
An employee has certain rights if you’re pregnant.
Pregnancy care – Time off paid
Maternity leave
Maternity allowance or pay
Protection against unfair treatment, discrimination and dismissal
Safety and health issues at work should be considered.
The following are possible eligibility options if you and your partner have a baby.
Two to three weeks paternity leave with regular pay
Additional paternity leave may be granted for up to 26 week if the mother goes back to work
Pregnancy appointments are not covered by paid leave
Paid parental leave and shared parental leave
This program may be available to you if your time is taken off work to adopt a baby.
Statutory adoption leave
Pay for statutory adoption
Adoption leave is only available to one person in a couple. You could also get paternity leaves for your partner.
Trade union membership
Unions are there to protect their members’ rights at work.
Temporary jobs and seasonal positions
If you are looking for seasonal work, you will probably be working on a fixed-term contract, part-time or zero-hours.
Your employer should not treat you less favorably than permanent employees working in the same job, even if you are on a temporary or part-time contract. If you feel you’ve received a less favorable treatment, talk to your employer or a trade union representative.
Contract termination
If you are a part time worker, you must be given the minimum notice period or the contract’s notice period.
Fixed-term agreements will usually expire automatically at the end of their term. Your employer does not need to give notice.
Volunteering
You won’t have the same rights for volunteering as workers or employees. You will not be granted a contract of employment. Instead, you will typically be provided with a voluntary agreement outlining what you will do, your training requirements, and other safety and health issues.
Discrimination
The Equality Act 2010 gives you the right to work where you don’t face discrimination because:
age
Disability
Gender identity and gender reassignment
Civil partnership and marriage
The pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
These are known as “protected characteristic” and any employer, colleague or friend who discriminates against them on these grounds is violating the law.
There are many different forms of discrimination.
Direct discrimination
If one employee is treated more favorably than another due to a protected characteristic. It could happen that a female job applicant is rejected for a job because he or she is less suitable.
Indirect discrimination
People with protected characteristics are at disadvantage when a policy is implemented or a working situation is changed. In this example, members of religious groups might be put at risk by the requirement that all employees must be clean shaven.
Harassment
An employee who is exposed to inappropriate or intimidating behavior. Harassment may include making offensive jokes or giving people a negative nickname. Even if you don’t directly target the harassment, it could create an unpleasant atmosphere. Don’t be afraid or embarrassed to speak out.
Victimisation
If you have attempted or taken steps to stop discrimination, you may be treated unfairly. If, for example, you have been given poor references because you filed a complaint against discrimination.
Copyright – Inland Empire Business Network