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Employment contracts must be negotiated - they cannot just be presented

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.


More on Employment Agreements

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  More on secret video cameras   Appeal Court decision on harsh and oppressive contracts
  When is an employment relationship formed?   Employment contracts must be negotiated - they cannot just be presented
  Employer can still be bound by oral agreements   Discrimination for being on collective employment contract
  Common problems with employment agreements   Cannot limit remedies for personal grievances
  Take care when preparing employment agreements   Cannot dismiss without reason even if written in agreement
  Importance of disclosing correct employer   Can a collective employment contract negotiated with union members be applied to non union members?
  Disputes resolution procedure must be included in staff agreement   Employee must disclose information at interview only if asked
  Renegotiation of employment contract on sale of business   Cannot require all employees to apply for new positions
  Expired contracts continue with same terms and conditions   What an offer of employment might look like
  Alphabetical Index   Case Law Back to top
This article originally written by Alan Cressey the copyright of which is owned by The Evening Post
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Updated: 31st March 2010
Published: 21st December 1998
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