| Here's
some of the most important points to bear in mind about your rights
(and what your employers rights over you are as well).
Income
Tax And Students
Don't
forget the tax man so sort your tax and what you should be paying
early on in your job - you don't want to get a letter a a few years
later asking for your tax. There are exceptions to paying full tax
-
Full time student
-
Working in the holiday period only
- Returning
to full time education after the holiday
-
Total income form all sources will not exceed the basic personal
allowance
If
all the above criteria are met, the form P38S is completed by the
student and employer and no tax is deducted at source.
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You do
have an 'allowance' you can earn up to before you have to pay tax.
Once over that amount you become liable. The set amount varies depending
on your circumstances, for instance age, marital status etc. The tax
free Personal Allowance for 2002/2003 is £4615.
Upon
commencing your first job or placement, the first thing your employer
will ask for is your P45. The majority of you will not have an in
date P45 (less than 12 weeks old and falling in the same tax year).
You will therefore be required to complete a Form P46, to enable
your employer to operate the correct tax code for you.
The
tax office will usually request completion of form P91. This is
to establish your employment history prior to starting in the job
you have completed the P46 for.
In
many cases non-completion of this form results in an over deduction
of tax. So if you get a P91, fill it in and send it back!
National
Insurance
You
need to be working or have evidence of actively seeking work to
apply for a National Insurance Number.
Only
one number is allocated to you and you keep that same number all
your life. It is unique to you and ensures that your NI contributions
or credits to your NI account are correct. You will need these contributions
and credits when you come to claim benefit, whether it is for a
short while, like Incapacity Benefit or long term, such as your
Retirement Pension.
Employment
Rights and Students
There
are many kinds of employment rights, and they will vary from job
to job. Some are rights given to everyone at work by law. The best
known is probably the minimum wage.
The
national minimum wage is £4.20 for workers aged over 21 and £3.60
for 18 to 21 year olds (the rates rise to £4.50 and £3.80 respectively
from October 2003, and to £4.85 and £4.10 from October 2004).
There
is also a minimum training wage for new employees over 21 of £3.60
an hour, but this wage applies only to workers doing accredited
training and for a maximum of 6 months. A worker's hourly rate of
pay may include such payments as bonuses and performance-related
pay.
There
is no national minimum wage for workers aged under 18.
Contact
the national minimum-wage hotline on 0845 6000678 if you are having
problems.
Some
are rights given to only some people at work by law. For example,
you may lose out because you have not worked long enough in the
same job. There is a legal difference between "employees"
(who get better rights) and "workers". You may only be
a "worker" if you are taken on to do a particular piece
of work. Some are rights that flow from your contract of employment,
which may be written, or may be a verbal agreement between you and
your employer.
Not
all employment rights start from your first day of work. Some only
apply after you have been working for the same employer for a while.
But how long you have to wait does not depend on how many hours
you work - for example, even if you only work six hours a week you
have a right to claim unfair dismissal as long as you have been
working for your employer for over a year.
There
are many comprehensive guides to your employment rights - see the
links on the left hand side.
Taking
A Break From Work
While
you may find yourself working unsocial hours and covering difficult
shifts, you are still entitled to working time rights. These apply
whether or not you have a contract of employment and include:
- 20
minute break when the working day is more then six hours
- Rest
period of 11 hours every working day
- Rest
period of 24 hours once every seven days
- Maximum
working week of 48 hours (averaged over 17 weeks for most jobs)
- Four
weeks paid holiday a year
- Ceiling
of an average of eight hours night work in every 24
- Free
health assessment for night workers
- Working
time rights are complicated though.
- Some
workers are excluded, and the rules are applied differently in
some sectors such as tourism where students may take seasonal
work.
Recommended
Working Hours For Students
Many
employers do recognise that students do have academic commitments,
and therefore, do adopt a flexible approach to student workers,
especially around exam times.
There
is a statutory requirement however in the UK, that students work
a maximum of 20 hours per week during term time, although there
are not restrictions to their working hours during the summer vacation
period.
Overseas
Students and Their Eligibility To Work In The UK
There
are no work restrictions for European Economic Area (EEA) students
who are seeking part-time, vacation or graduate employment in the
UK
There
are however some restrictions for non EEA students: They are only
eligible to work up to a maximum of 20 hours per week during term
time, except in the case of an agreed work placement or internship,
but may work full time during vacations.
Students
with a "Prohibition Stamp" in their passport should not
take paid employment without first consulting their local Employment
Service or the Department for Education and Skills (DfES). This
also applies to those with a "Restriction Stamp".
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