One golden rule for a person planning to work overseas is: take nothing for granted. This applies just as much to the United States as it does to some country in the Third World; for while superficially things may look the same as they do back home, they seldom are. This is certainly true with respect to the world of work.
US employment laws and working practices may be different from those you are used to. Contracts, for instance, are less likely to be open-ended; in fact, many people are on short-term contracts and new agreements have to be negotiated every two or three years. Moreover, American employers are in a position to terminate a job at any time without justification.
In some respects employees in the United States receive less protection than workers in Europe. That is not to say that America has no labour laws; in fact, there is plenty of legislation both at the federal and state levels, some of it extremely detailed. It is designed to prevent unfair employment practices and discrimination, and to regulate the health and safety of employees.
Your best protection, however, is the contract that you sign. It should spell out the terms and conditions of your employment clearly, so that if your employer should renege on any parts of the agreement you can take him to court. As Americans are somewhat litigious by nature, legal disputes with employers are not uncommon.
Your Contract
At the end of Chapter 4 you saw what conditions you should look for in a contract signed in the UK or Ireland.
What Should I Look For In A Usa Contract?
A contract signed in the United States should include:
- the name and address of your employer
- your job title and responsibilities
- the staff member you are answerable to
- the location of your employment
- your net salary and dates of payment
- the commencement date and duration of your employment
Statutory Benefits
In addition to pay there are three benefits that the employer is required to provide by law:
Social Security Payment
He has to make a eontribution to your Social Security account (the equivalent to National Insurance in the UK) with the Federal Government.
Unemployment Compensation
Your employer must pay into the Government insurance programme that pays unemployment benefit to employees who lose their jobs. The employee does not have to contribute to the scheme.
Workmen’s Compensation
The employer also has to bear the full cost of contributions to this scheme which provides benefits to employees injured or disabled at work.
Discretionary Benefits
The other benefits are discretionary (
ie employers are not required by law to provide them, though most of them offer at least some). When negotiating your contract you need to pay attention to these points.
Vacation
Vacation entitlements are modest by European standards: seldom more than two weeks per annum except for senior employees, while a new employee might only get one week off.
In addition there are various public holidays: New Year’s Day, Memorial Day (last Monday in May), Independence Day (4 July), Labor Day (first Monday in September), Thanksgiving (fourth Thursday in November) and Christmas Day. Note that a lengthy break at Christmas is unusual.
Sick Leave
Employees are allowed to take a specific number of days each year for sickness or compassionate leave – typically six days in all. Note that visits to the dentist or doctor during the working day may be deducted from your sick leave entitlement.
Life Insurance
Many employers offer low-cost or free life insurance, normally based on the employee’s salary.
Medical Insurance
Traditionally businesses have provided health care insurance for their staff, but as the cost of health care rockets some have started to cut back on benefits. When negotiating your contract you should make sure that the provision offered will be adequate for your needs. (See below.)