Monday 7 December 2020

Reading a contract

is not something most people do every day, if they do it at all. How many of us have been guilty of signing a contract without reading it or, at best, just glancing through it?

I did read a contract yesterday. At a meeting on the previous day someone I know approached me rather nervously and asked if I would help. I knew why she was asking and how anxious she was and I agreed - partly to try and allay her fears and partly because she is the sort of person who helps others when she can.

The firm she works for has new contracts for the staff. I don't know why they are doing this or who wrote the contracts. She was concerned by the contract. Would she be better off under the Award which covers her work? 

I told her I would read it and see what it said. I wasn't giving her advice about it as such. I'd just read it and explain it. She agreed and it came as an email attachment yesterday.

Someone has tried to write a contract in what is often called "plain English", language which is easy to understand. That's good. What was not so good is that most people who have no experience or understanding of these things would not understand how the Award they work under relates to such a contract. 

I am no expert in Industrial Relations Law. It was an elective subject at Law school and I was more interested in torts, social security/welfare, international law and the like. Nevertheless I know enough to know that the contract I was looking at made it clear that they firm was intending to abide by all the provisions in the Award. The contract might be better described as a sort of statement of loyalty to the workplace and fellow employees. It's no bad thing. I looked the firm up on line. It's classed as a "small" business and it has a good reputation.

If I owned the business I might not set about it the way they set about - if I knew what I know now. A lot of people wouldn't know that. There is no reason they should know anything about such things. This firm is clearly trying to do the best it can in a time when employing anyone is becoming increasingly difficult.

I read the document through though. I read it carefully. I read it right through to the end. As I did so I made a couple of notes about things I thought my acquaintance might be concerned about.

Then I phoned her as I had said I would. I explained that her major concern was not a concern at all. She is still covered by her Award. The contract actually states that. I explained it just seemed as if she was not covered because of the way it had to be written. I told her, "Yes, it is confusing if you aren't used to reading things like that." There was a sigh of relief at the other end. 

I mentioned a couple of other things and said, "You've been working there a long time. They obviously value you or they would not be doing this."

She had not thought of it in that way. 

"Do you think I should sign the contract then?" she asked. Thankfully I was prepared for that. I told her,

"If it was me I would sign the contract."

I hope doing so will reassure her. She is a nice person - and I am sure they think of her in that way. 

Nothing will change for her if she does.  

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