Status of the employee
Your employment status will determine the rights and responsibilities you have as an employee.
There are three main types of employment status
Worker
You are under a contract to provide work or services in return for money, or some other benefit. You could be working on a zero-hours, casual, or freelance contract.
Employee
A contract of employment is the agreement that you work under. While all employees are considered workers, employees also have certain rights.
Employee stockholders
You must be under an employment agreement and have at least PS2,000 in shares in your employer’s parent or company.
Both self-employed and contract workers
Your business can be run entirely by you. Although employment law doesn’t cover you in all cases, you have some protections if you are your own boss.
National Minimum Wage and National Living Wage
The minimum hourly wage you earn will depend on your age, as well as whether you are an apprentice.
For the National Minimum wage to apply, you must be of school-going age. If you are aged 23 or older, the National Living Wage applies.
Acas is available to answer any questions you might have or to help you determine if your rate is correct.
Regulations governing working hours
Full-time workers have basic rights and protections.
You:
You don’t have to work more than 48 hours per week unless your employer allows you to do so.
You have the right to 5.6 weeks paid leave (28 days for those who work 5 days a semaine) per annum. Your employer can include public holidays in this amount
Between work days, you are allowed at most 11 hours of rest (eg. if you finish at 8pm, you shouldn’t start work until at least 7am next day).
Have the right to an uninterrupted 24 or 48-hour work break each week.
If you work over 6 hours per shift, you are entitled to a 20-minute break. Additional breaks may also be granted by your employment contract.
While there are some exceptions, such as the emergency services and armed forces, these rights should be applied to all workers. All workers should receive at least 90 hour rest per week.
It is worth looking at your employment contract, as it could contain additional or different rights for breaks from work.
Part-time employees should be granted the same contractual rights that full-time employees for the same job, or at the same level.
Young people
Start your job
Job Start Payment is an additional benefit that can help you cover the costs of starting your new job. You may apply if your benefits include a certain benefit and you have not worked in a while.
School leave age
Your rights as a worker are affected by the age at which you leave school. If you turn 16 between 1 September and 30 September, then you can start school after 31 May. If you turn 16 between 1 March and 30 September, you can take your leave at the beginning or end of the Christmas holiday in that school year. This is your minimum age to leave school.
If you’re over 18 years old, you can still work full-time.
You cannot:
Work in a job that isn’t possible for you mentally or physically
You may be exposed to chemical agents, toxic material, and radiation while working in an environment.
Work that exposes you to extreme cold, heat, vibrations or heat could pose a risk to your health
If you are trained or have supervision, or the risk is lower than reasonable, then you can work in those situations.
These דיני עבודה rules are not applicable if you do short-term, occasional work in a family company or private household.
Additional restrictions apply to those who are not yet in school.
If you’re 14-15:
While you can do some ‘light work’, you will not be allowed to work in factories or on industrial sites.
Only 7 – 7 p.m. is the best time to work
In the summer holidays you can work up 35 hours a week, or 8 hours a days (5 hours for those below 15).
You must take a one-hour break if you work more hours than 4 in a given day
2 weeks consecutive holiday must be taken per school year.
It is not possible to do a job that might be detrimental to your health, education, or well-being.
You are not allowed to work for anyone under the age of 14 except:
You will need a performance licence to participate in advertising, modeling, sports, plays, films, television, or other entertainment.
to do odd jobs for a parent, relative or neighbour
To babysit
Other rules might exist depending upon the by-laws your local authority has enacted. Please contact your local authority to learn more.
You may also require an employment permit. It is issued by the education division of your local authority. The permit should be signed both by your employer, and one of your parents.
Employment rights
ACAS provides a variety advice regarding your rights as a worker.
Pay and sick leave
You can only provide proof of sickness if you have to miss work due to illness. This is after seven days. During sickness, you have the right to take advantage of your statutory holiday entitlement.
For 28 weeks, the weekly rate of Statutory Sick Payment is PS95.85. If your employer has a sick-pay scheme, you can offer more but cannot offer less.
Gender reassignment
Employers cannot discriminate against employees who need to take time off for gender reassignment. This should be treated as if you were absent due to sickness or injury.
Your rights as a parent
Pregnant women have certain rights that you as an employee are entitled to:
Paid time off for antenatal services
Maternity Leave
Maternity pay or allowance
Protection from unfair treatment, discrimination, and dismissal
You should also assess your workplace for potential safety and health hazards.
Your partner may be eligible for this if they are having a baby.
A one- or two-week paid paternity leave
If the mother returns to work, you can get up to 26 weeks of paternity pay
An unpaid leave period for antenatal appointments
Shared Parental Leave and Pay
The following are possible eligibility criteria if you take time off work to adopt your child.
Statutory Adoption Leave
Statutory adoption payments
Only one partner can receive adoption leave. Paternity leave could be granted to the other partner.
Trade union membership
Unions represent the interests of their members at workplace. This includes negotiating with employers regarding pay and conditions and accompanying members to grievance and disciplinary meetings.
Temporary or seasonal jobs
Seasonal work will likely require you to be on a contract with a fixed-term, part time, or zero hour job.
Employers must treat part-time employees on fixed-term contracts and part-time workers in a similar way as permanent employees. If you feel less than a permanent employee, your employer or representative of the trade union should be notified.
The contract is ended
You must give notice if you are a part-time employee.
Fixed-term contracts usually end when they reach their end date. Your employer is not required to give notice.
Volunteering
You will not enjoy the same rights as employees or workers as a volunteer. This is because you won’t have a contract for employment. Instead, you will be provided with a volunteer agreement detailing what you will do, how you will train, and any safety or health concerns.
Discrimination
The Equality Act 2010 guarantees that you are able to work in an environment free from discrimination because of:
age
Disability
Gender reassignment or gender identity
Marriage and civil partnership
Pregnancy and Maternity
Race
Religion and belief
Sex
Sexual orientation
These are called “protected characteristics” and any employer or colleague who discriminates on the basis of these protected characteristics is guilty of breaking the law.
There are many forms of discrimination. You might be unfairly disadvantaged if one or more of these forms is used.
Direct discrimination
One employee may be treated less favorably because they have a protected characteristic. A male applicant is more qualified than a female applicant for a job.
Indirect discrimination
A policy or work situation that puts someone with protected characteristics at risk. Some religious groups may be at disadvantage by requiring that employees keep their heads clean.
Harassment
Employees who are exposed to intimidating or offensive behavior. Harassment includes giving someone an unfavorable nickname or making inappropriate jokes. Even if the behavior is not directed at you directly, it can cause an offensive atmosphere. Do not be afraid of speaking out.
Victimisation
If you’re unfairly treated or put at disadvantage because you tried or took action against discrimination. You may have been given a poor reference as a result of your complaint about discrimination.