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8: Recruitment, selection and training of workers




                                               Contract of employment
                                               In most countries it is a legal requirement that workers are given a written contract

                                               of employment. This is a legally binding agreement between the employer and the
                                               employee and will include details such as:
                                               ■  the name of the employer
                                               ■  the name of the employee
                                               ■  date of commencement of employment
                                               ■  the amount the employee will be paid
                                               ■  the number of hours the employee is expected to work
                                               ■  the job title and main responsibilities of the employee
                                               ■  the number of days of holiday they receive
                                               ■  the period of time the worker has to give the employer if they wish to leave their
                                                  employment – this is known as the ‘period of notice’
                                               ■  the grievance and disciplinary procedures and where employees can find
                                                  information about these.

                                               A contract of employment has benefits to both the employer and the employee. It

                                               removes any misunderstanding that could arise over issues such as hours of work,
                                               rate of pay and holidays.
                                                  If an employer ignores any of the terms of the employment contract, for example
                                               pays the worker less than the amount agreed in the contract, then the worker could
                                               take legal action against their employer.
                                                  However, if a worker breaks any of the terms of the contract, for example refuses   119
                                               to work the number of hours in their contract of employment, then the employer
                                               could dismiss the worker for breaking their contract.

                                               Unfair dismissal
                                               In most countries the law will protect workers and ensure that they are treated
                                               fairly by their employer. This includes the legal right not to be dismissed from their

                                               job without good reason. If they are, then this would be unfair dismissal.
                                                  A worker who thinks they have been unfairly dismissed can take legal action
                                               against the employer. If the worker is a member of a trade union then they will fi ght
                                               the case on the worker’s behalf.
                                                  If the courts decide that a worker has been unfairly dismissed they can force the
                                               employer to give the worker their job back and/or compensate them for the loss of
                                               earnings.

                                               Discrimination
                                               Many countries also have laws that prevent employers from discrimination when
                                               recruiting new workers, or in how they treat workers who are in their employment.
                                               Laws to prevent discrimination on the grounds of gender, race, colour, religion,
                                               disability and age are the most common. Any worker who feels that they have
                                               been discriminated against for any of these reasons has the legal right to take the
                                               employer to court. Trade unions will provide the legal advice and support to any of
                                               its members who have been subject to any form of discrimination covered by law.

                                               Health and safety

                                               The workplace can be a very dangerous environment for workers. Health and safety
                                               laws aim to protect workers from injury or physical discomfort, for example being
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