Sunday, November 15, 2009

What's the difference between a job offer and a contract of employment?

When I joined my current employer, I signed a job offer (giving start date, salary and annual leave entitlement) and returned a copy to them. I am desperate to leave and only want to give two weeks notice as my previous employer had offered me my old job back. I've been here less than 6 months. Can they insist on me working 4 weeks notice. I have never received a formal contract. Is my job offer, my contract of employment?

What's the difference between a job offer and a contract of employment?
Yes! It's a contract to work. As you have not worked there for more than 6 months however, you don't have to work the four weeks notice. You're covered under Employment Law. I'm assuming you're in the UK.
Reply:I am a little confused here does your job offer state the required notice? Before I say what I have to it is important to remember that the basic legal rights regarding notice are subject to change if both parties are in agreement. The basic notice required by law is 1 week up to 2 years in employment increasing by 1 week every subsequent year in employment up to a maximum of 12 weeks notice for 12 years sevice (section 86 Employment Rights Act 1996).


If you have not formally agreed to a longer period of notice then you only have to give 1 week (U.K law)
Reply:Depending on what state you live in for example in a right to work state an employer can fire you for any or no reason at all so in states like that theres no reason for you to give 4 weeks notice especially if youve all ready gotten another job ive often used the old 2 day notice ..(To-day im leaving)...Ive worked many different jobs in my career as Im a contractor .......In my field a job offer is not a contract
Reply:no,you can leave when you want to


but if your old boss pays you is a different matter
Reply:The name is irrelevant, it depends on what you have signed. A contract will state all sorts of things required by you and your employer. It will list amongst other things, start date, salary, notice period. In the contract their may be a probationary period, usually a month in which your employer can get rid of you and if you wanted you could walk away, but again you have to read what you have signed.


My solution would be talk to your manager and say you want to leave early. They can't make you work but they could take two weeks from your wage packet. Most employers would want to replace you as soon as possible and would be happy for you to leave if they can get someone else to replace you. Good luck.
Reply:Whatever terms you agreed to in your letter are what you're contracted to do. If it doesn't say anything about giving notice then you're not required to give any notice really. So as not to burn any bridges you should at least offer them one week and possibly two. But unless you agreed to something differently in your letter, you really don't have to give any.
Reply:If you are offered a job verbally and accept verbally, that could be taken as a contract. You'd better offer the four weeks notice to be on the safe side.
Reply:Your job offer, which you signed, made it your contract of employment.
Reply:As has been said, a job offer is a verbal or written offer of employment - which may indicate terms and conditions. It will usually be accompanied by a draft statement of particulars (see below).





Your contract of employment is not a written document, it a summary of all your terms and conditions, some of whcih may be written in your Statement Of Particulars (in the UK) but others may be verbal agreements, or written in policy documents.


Your statement of particulars should outline your basic terms (pay, hours, holiday entitlement, notice required etc) but will not constitute your entire contact - it won't refer to procedures to be followed to take leave, attend medical appts etc).
Reply:Whether it is or not the most any employer can insist on is 1WEEKS notice. That is a legal requirement. They cannot make you do more. If in doubt then ring your job centre, and they will re-iterate what I have just said.
Reply:I doubt that what you signed was an employment agreement binding you. Do you still have the letter? It probably says your job is "at will" which means either side can terminate without cause and without notice. What you signed probably just memorialized the terms of the offer (salary, bonus, vacation, etc.) so there would be no misunderstandings.
Reply:Since most states are "at will" you can quit with only 2 weeks notice. Offer letters are just that, offers of employment. I'm sure if you read it, and it was written correctly, it will state in the letter your employment is "at will" Notice is not a required, just customary.
Reply:to put it simply, a job offer is written confirmation that you have passed the selection criteria at interview for the role for which you are applying.


A contract of employment goes into detail on the terms and conditions imposed by the employer when you accept the job offer. Hope this helps
Reply:A job offer is and offer to start work somewhere.





A contract is where they will set out the info you stated above. it may be that your company just calls their contract a 'job offer' as after you have signed it you have officially accepted the position.





If they never said about notice you don't have to give any, in any event giving notice is not a legal requirement, it merely is polite to do so.





However if you have signed a contract saying you will give notice and you don't then you are in breach of the contract and the other party (your employer) no longer is obliged to hold up their end (i.e. pay you for the work you've done but haven't been paid for).
Reply:If you have not signed a proper contract then technically you can give 7 days notice. However you have worked there longer than 3 months which is standard probationary period. The company might be happy to accept 14 days notice on the grounds of lack of legal documentation though.


No comments:

Post a Comment