But to protect your position, be sure to include it in the personnel file – and make sure the employee has a copy of the signed contract. An employer cannot use the fact that an employee has not signed the contract as a means of depriving employees of their legal rights. B, for example, so as not to allow them to take their annual leave. In any case, it is preferable to have the contract signed and dated by the employee and return it to you. There are two main reasons for this. However, if you have entered into an employment contract orally, you are required to provide a “written declaration of employment” to any employee whose employment is to last more than one month within two months of the employee`s employment starting. In FW Farnsworth Ltd and another v. Lacy and Others. [2012] The Court found that an employee who did not sign his new contract and simply placed it in his desk drawer was nevertheless related to him from the moment he applied for private health insurance, a benefit that was only available to him under the new contract. The case highlighted the importance for an employee to make it clear that he is working in protest when his employer imposes contract changes that he does not want to accept. An employment contract or service contract is a legal document that sets out the terms of an employment relationship between an employee and an employer.

In order to avoid further complications, it is in the employer`s interest to obtain a signed contract from each employee to determine the terms of the employment relationship. If an employee chooses not to sign a contract, the following complications can arise: As a rule, an employment contract does not need to be signed for it to be a binding agreement between the parties. A contract can be entered into verbally or implicitly by conduct. Similarly, it doesn`t give you an excuse to make changes to an employee`s contract, for example. B reduce hours or salary. In Attrill and Others.c Dresdner Kleinwort GmbH and in another [2012], an employer announced the improvement of contractual conditions for its employees. The court had to determine whether the fact that the workers continued to work after the announcement was sufficient to imply or infer their agreement to the new conditions. The court concluded that if acceptance of the offer had been sought, it could not have been inferred from the fact that the employees continued to work after the announcement.

Without a signed authorization to deduct from salary, you would have to sue the employee in civil court for all amounts due. If an employee has received a salary and the employer and employee have acted in accordance with the terms of the contract, it is more likely that this employment contract will be both valid and enforceable. However, it is clearly in the employer`s interest to have a signed agreement, otherwise it may be difficult to determine the terms. The employee`s signature signifies consent to what is specified in the contract. Lack of security can lead you to argue with the employee. Similarly, an employer who confirms a contract by paying a regular salary (for example) must comply with the terms of the contract. Any change in the terms of the contract could constitute a breach of contract. In summary, it is always good practice to ensure that an employment contract is signed to avoid any doubt. Alternatively, you bring a new contract with a promotion or bonus opportunity as an incentive to sign. As for how to move forward, arrange a meeting with the employee about the unsigned contract to discuss issues. If the employee is concerned about not understanding the terms, offer to pay for legal advice on the contract and give the employee time to do so.

If you are still running into a wall, you may need to write to the employee to describe the steps you took to agree on the contract and the extent of a dispute between the parties regarding what is agreed/not agreed. You must then determine that these are the applicable terms and conditions that will govern its employment in the future. .