What exactly is involved in employment contracts in today’s world? Can we have our work and be free?
Many of you may be familiar with the standard terms such as hours of work, compensation, leave entitlements, benefits and a code of conduct. These are direct agreements with your employer.
Attached to this are employment terms that are government and policy driven such as income tax, government pension and labour law. These terms were ‘agreed to’ when you were born and/or became a citizen of the country you reside in.
Additionally, you may also be required to join an employee union. And, these terms include union dues, swearing in to union policy. Further, and although not written, a requirement to give away your right to bargain with the employer as an individual.
This Seems Like Enough Control
But not yet.
Employment contracts also include protection of company interests. These terms and conditions provide protection for the company in competitive environments and with trade secrets.
In recent years with advancement in technologies companies have taken an increased interest in their reputation. As a result, this lead to expansion and development of conflict of interest disclosure and digital media code of conduct. So, this is where corporations set out policy that employees are obligated to sign and adhere to. Thus, these are designed to guide employee behaviour outside of work with media and on social media platforms.
The conflict of interest disclosures obligate employees to disclose such things as activities outside of work that may conflict with corporate interests. And, relationships inside and outside work that may conflict with corporate interests.
Now we are getting deep into blurred lines. So much so, that policies may impact on human rights and freedom in my opinion. But we still are not done yet.
As employees progress through careers into more senior positions these senior positions require a special swearing in. Then, this typically occurs with the corporate lawyer and the inductee where strict requirements around communication and corporate image are dictated to the inductee. Accordingly, done in a way that ensures the inductee clearly understands the personal risk involved with falling out of line with corporate interest.
Liability for conduct. Not many people see this level of career advancement.
It would seem from all this policy and expectation there would not be corruption or negative behaviour within corporations and organizations.
Rules Work For Some
Most of these rules work best for those of us who carry values that align with doing the right thing and following rules. Not everyone is built this way.
Now, back to the common interest, the employee.
I recently wrote of my interest in continuing to work from home after discovering the benefits of working from home during the periods of forced lock down.
Policies this year have been put in place to keep essential employees at work. Additionally, these policies ensure these employees are not put at risk of getting sick while in the workplace.
Employers Were Limiting Liability Exposure
And so, as the desire grows to reopen and restart economic engines employers want their employees back. Consequently, back at work. Actually, a growing number of employers have not seen a benefit to having employees work remotely.
Employees, however, are pushing for flexibility. A trend that was growing before the pandemic. As employees continue to ask for flexibility in work arrangements employers have started developing new policies to support this.
I mentioned my employers remote work policy and my desire to enter into this agreement in this post.
The large print giveth and the small print taketh away.
Tom Waits
Upon my return to the office I obtained copies of this policy, procedures, application and an ergonomics checklist (employer limiting liability). I noticed one item in the procedures that did not sit well with me. In all honesty, it is the small print you should be looking for before you enter into flexible work arrangements with your employer.
The document stated this “the ‘work’ location may be inspected to ensure that proper maintenance of ‘company’ equipment is performed and that safety and privacy standards are met.”
It Is My Home
The ‘work location’ is my home.
This has gone too far. The irony is not lost on me. Employers just told us we must work from home, “no you ca not take your chair with you”. And, now when I request the option of working from home, they want the right to enter my home and inspect it.
I don’t think so.
This is an invasion of privacy, at best, and a severe reach into my personal rights and freedoms, at worst.
You Are Free to Read What You Sign
Why do we enter into these agreements?
Yes, we all need to make a living. We all need stable income. And, for most of us that comes from a job.
If you want a good job they now come with all of these terms and conditions. Controls. We need stable income and jobs with large corporations are some of the best options out there. I continue to have a job because I have not quite reached financial mastery.
Our system is out of line.
Somehow, We Have Ended Up Here:
When We Should Be Here, Free:
How Might We Reimagine Our World To Create A Free Society?
Additionally, all of our posts in the Career Series can be found here.
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