What Does Non Contractual Mean

Where the Staff Handbook contains contractual rights, the Labour Court of Jersey has recommended that workers have easy access to these rights, as the requirements of section 3 of the Employment (Jersey) Act 2003 may not be met. To avoid confusion, manuals should be divided into sections that clearly indicate which section includes contractual rights and which section includes optional services. As an additional guarantee, non-contractual benefits should not be characterized as “receivables”. When considering the “employment package”, it is easy to confuse the benefits to which employees are contractually entitled and the benefits to which they have discretion, i.e. the employer can choose whether or not to apply them in a particular case. Finally, it should be noted that if an employer wishes to change a contractual right, these changes must be agreed with the employee after a consultation period – see Amending a contract. It is important to remember that not all conditions that must be set out in the written declaration of work need to be contractual. For example, while there is a need for disciplinary and grievance procedures, the JSA would recommend that it be made clear that these are not contractually regulated. In other words, the procedures indicate how disciplinary measures or complaints will be handled, but the fact that they are not contractually agreed means that the procedure does not have to be followed to the letter. “Non-contractual.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/noncontractual. Retrieved 6 December 2022.

Clear identification of contractual and non-contractual benefits avoids confusion. The language associated with benefits can also be misleading. The use of words such as “beneficiary” has led the courts to decide that the clause must be interpreted as a contractual right (Court of Appeal: Keeley v. Fosroc International Ltd 2006). This does not make sense, for example, if sickness pay is intended as a margin of discretion for the employer, and in the manual a statement such as “Employees with less than two years of service are entitled to two weeks of sick pay…” ” to be submitted. The words “. is entitled… ” would likely mean that sickness benefits would be interpreted as a contractual right, regardless of the employer`s intention. An old-fashioned rule that we can no longer stand. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “without a contract”.

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