Question
When I was employed, I did not have a written employment contract. However, after a few months my employer presented me with a written
contract to sign and said that the contract set out my terms and conditions of employment. Many of the terms and conditions in the contract were never
discussed with me at my job interview. I think this practice is really unfair because, by the time I was presented with the contract, I had lost all of my
bargaining power as I had been working in my job for some months. Is this practice legal?
Answer
Your employer cannot unilaterally impose new terms and conditions of
employment on you after you are employed. The new terms and conditions set out in your written contract will only apply if you accept them. If you do not
accept them, you are quite entitled to refuse to sign the contract until they have been removed or amended to you satisfaction. Accordingly, you have not lost
your bargaining power because you are free to reject the new terms and conditions. If your employer wants to include them in your written contract,
then he or she will have to negotiate the new terms and conditions with you.
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