Contracts of Employment

[jvaughan]

Need some advice ..
Been given a new contract of employment.
Most of it is teh same as the old one except for one clause ..

"deductions from pay - if it is the option of the co. that you owe it money, you agree and authorise the co to deduct the sum owed e.g expenses loans advanced commission"


is this normal ?
I know they cannot legally deduct from pay unless they seek permission from the employee .. is this a wavier of rights here ?

[Eric Mc]

In what circumsatances would YOU owe money to the company?

[2 Smokin Barrels]

I always include a similar clause in my contracts. You never know if you might overpay somebody, and want to claw it back.

(Don't s'pose clause is watertight, but at least it's there)

Examples might be reloction, then employee does one. Accidental overpayments, guarantees etc.

[puggit]

I don't think they can make you sign a new contract unless the original has an expiry date...

Anyone clarify this?

[Eric Mc]

Surely you could claw back overpaid wages without recourse to such a clause?

I can see the point if you need to make non-wages payments to an employee like, as you say, relocation costs.

[2 Smokin Barrels]

Eric Mc said:

Surely you could claw back overpaid wages without recourse to such a clause?

Technically no, not without employee consent.

Putting the clause in can help to unmuddy the waters.

[jimothy]

puggit said:

I don't think they can make you sign a new contract unless the original has an expiry date... Anyone clarify this?

I think this is the case, but usually new contract terms come in a contract with a pay rise... Can't have one without the other.

[jvaughan]

Basically it means they can deduct training costs.
The old scheme of making all people goign on training courses sign a tie in ... this way, its at teh company's disgression.

[srebbe64]

The question you have to ak yourself is do you trust the company / management?

If it's a good and honourable company to work for then you should be okay. If there a bunch of "£$%^& then whatever contract you sign they could turn you over. The fact is, a marriage certificate doesn't hold a marriage together, it's the "relationship" not the contract which is important!

[2 Smokin Barrels]

srebbe64 said:

The question you have to ak yourself is do you trust the company / management? If it's a good and honourable company to work for then you should be okay. If there a bunch of "£$%^& then whatever contract you sign they could turn you over. The fact is, a marriage certificate doesn't hold a marriage together, it's the "relationship" not the contract which is important!

...and vice versa!

[blindswelledrat]

jvaughan said:

Need some advice .. Been given a new contract of employment. Most of it is teh same as the old one except for one clause .. "deductions from pay - if it is the option of the co. that you owe it money, you agree and authorise the co to deduct the sum owed e.g expenses loans advanced commission" is this normal ? I know they cannot legally deduct from pay unless they seek permission from the employee .. is this a wavier of rights here ?

To me this clause reads that they will only makle such deductions if you actually agree to it thus its almost irrelevant unless ive misunderstood this!

[2 Smokin Barrels]

blindswelledrat said:

jvaughan said: Need some advice .. Been given a new contract of employment. Most of it is teh same as the old one except for one clause .. "deductions from pay - if it is the option of the co. that you owe it money, you agree and authorise the co to deduct the sum owed e.g expenses loans advanced commission" is this normal ? I know they cannot legally deduct from pay unless they seek permission from the employee .. is this a wavier of rights here ? To me this clause reads that they will only makle such deductions if you actually agree to it thus its almost irrelevant unless ive misunderstood this!

No, I think they're saying that by accepting the contract one is agreeing in advance to any such occurrence. (I think )

[buzzsaw]

Eric Mc said:

In what circumsatances would YOU owe money to the company?

Taking holiday allowance in advance, company loan etc