A verbal contract for employment is a type of agreement where the terms and conditions of employment are discussed and agreed upon verbally between the employer and employee, without any written documentation. While it may seem like a convenient way to secure a job, verbal contracts are often fraught with risks and can be hard to enforce.
Here are some things to keep in mind about verbal employment contracts:
1. Understand your rights
In most cases, verbal agreements are legally binding. However, the lack of written documentation can make it difficult to defend your rights in case of any disputes or disagreements. It is always best to have a written contract in place before starting any employment.
2. Be clear about the terms of employment
When entering into a verbal contract for employment, it is important that both parties are clear about the terms of employment. This includes the job role, expected duties and responsibilities, working hours, remuneration, leave entitlements, and termination clauses. Any discrepancies or misunderstandings could lead to legal issues, so ensure that both parties are on the same page.
3. Have witnesses present
To ensure that the verbal agreement is enforceable, it is advised to have witnesses present who can attest to the terms of the contract. This could be a colleague, friend, or family member who is present during the discussion and can verify the terms of the agreement if needed in the future.
4. Keep a record
While a verbal agreement may be legally binding, it is always advisable to keep a record of the discussions and agreements made. This can be done through emails, notes, or even recording the conversation with the consent of both parties. This will help in case of any misunderstandings or disputes that may arise in the future.
In conclusion, while verbal contracts for employment may seem like an easy option, it is always advisable to have a written agreement in place. This will ensure that both parties are clear about the terms and conditions of employment and will help in case of any legal issues that may arise. If a verbal contract is the only option available, it is important to be clear, have witnesses present, and keep a record of the discussions to protect oneself in the future.