discodown Posted January 9, 2011 Share Posted January 9, 2011 it doesn't matter if anything was signed or not, a contract for labour in exchange for pay exists. the advantage of signed documents is that you have a clear statement of what it required from both parties which is very useful should a dispute arise. It matters very much if something was signed or not. Otherwise how would anyone prove anything? If it comes down to the person saying "they said they would pay me" and the company saying "they never mentioned anything about getting paid" then it could go either way. Link to comment Share on other sites More sharing options...
discodown Posted January 9, 2011 Share Posted January 9, 2011 Not sure about that - it is looking like unpaid interns might soon be suing because if it is work the minimum wage always applies - even interns who have signed a contract saying they won't be paid. http://news.bbc.co.uk/1/hi/uk/8551598.stm Ever heard of a stage? (pronounced stahge). Its a term in the restaurant industry where someone will agree to work for free in a restaurant in exchange for experience, ideas and the opportunity to work with a top chef or even just to see if they like it, or the chef likes them or just to show off their skills. Not every job is paid and unless theres a contract then you'll have a hard time proving you should be paid Link to comment Share on other sites More sharing options...
andyofborg Posted January 9, 2011 Share Posted January 9, 2011 It matters very much if something was signed or not. Otherwise how would anyone prove anything? If it comes down to the person saying "they said they would pay me" and the company saying "they never mentioned anything about getting paid" then it could go either way. indeed, that's why you should always get signed bits of paper which clearly state the position however the lack of the bit of paper does not mean that there isn't a contract. Link to comment Share on other sites More sharing options...
discodown Posted January 9, 2011 Share Posted January 9, 2011 indeed, that's why you should always get signed bits of paper which clearly state the position however the lack of the bit of paper does not mean that there isn't a contract.But how is the person to prove the agreement without one? Link to comment Share on other sites More sharing options...
lubylou Posted January 9, 2011 Author Share Posted January 9, 2011 Thanks for the info guys, he is going to call in this week to get his money, if they refuse, then ive got a plan up my sleeve Link to comment Share on other sites More sharing options...
Leopold Posted January 9, 2011 Share Posted January 9, 2011 Thanks for the info guys, he is going to call in this week to get his money, if they refuse, then ive got a plan up my sleeve You can tell me what it is. I will not tell anyone! Link to comment Share on other sites More sharing options...
lubylou Posted January 9, 2011 Author Share Posted January 9, 2011 You can tell me what it is. I will not tell anyone! ...................... Link to comment Share on other sites More sharing options...
andyofborg Posted January 9, 2011 Share Posted January 9, 2011 But how is the person to prove the agreement without one? how can you prove that there isn't one? the worker turned up, did the work, wasn't challenged or removed from the premises which suggests that there was an agreement to work, after all you wouldn't expect a random person off the street to just turn up and work. without a bit of paper there could indeed be a disagreement about the terms, which is why you should always get the bit of paper. Link to comment Share on other sites More sharing options...
discodown Posted January 9, 2011 Share Posted January 9, 2011 how can you prove that there isn't one? the worker turned up, did the work, wasn't challenged or removed from the premises which suggests that there was an agreement to work, after all you wouldn't expect a random person off the street to just turn up and work. without a bit of paper there could indeed be a disagreement about the terms, which is why you should always get the bit of paper. An agreement to work isn't necessarily an agreement that you will be paid to do that work Link to comment Share on other sites More sharing options...
clownaround Posted January 9, 2011 Share Posted January 9, 2011 Plus if they just walked out and didnt submit notice then they dont have to pay. A lot of trial periods state that the employer can give 1 days notice but the empoyee needs to give 1 weeks notice. If they were working on a trial period and didnt serve the notice then it is breech of contract and no pay. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.