In order to discuss and analyse the above statement, in depth reference will be made to various documents which can in some circumstances relate to contracts of employment and whether those particular documents which are not contractual can be incorporated into a contract, creating legal enforceability for employers and employees. Firstly it must be established what exactly is a contract of employment. A contract of employment is an agreement between an employer and employee, forming the basis of an employment relationship; enforceable by law. Contracts of employment may be given orally or in writing: Employment Rights Act 1996 s 230(2) and commence immediately. Actual written contracts require an employee's signature and the signature of a company representative. Contracts of employment can involve both express and implied terms and can appear in many forms. The express terms, being those which both parties have agreed to, whether by signing a contractual document or acting in a particular way are seldom found in just one document. Terms are repeatedly found in an array of documents, whether they be from the actual formal contract, written statements or an employee handbook. The two latter documents are just some examples of prima facia non contractual documents. In reality very few employees have a formal written contract of employment , but to whom the act does apply: must receive a statement setting out the key particulars of their employment in writing within two months of commencing employment . Written statements are known as the Terms and Conditions of Employment: essentially evidence of the contract, providing clarity for both employee and employer but it is not the actual contract of employment per se. A written statem... ... middle of paper ... ...ent of an employment contract. This is likely to be troublesome point for some time to come and likely to work on case by case basis. Works Cited Employment Rights Act 1996 s 230(2) (n1) s 1 Ian Smith and Aaron Bake, Smith and Wood’s Employment Law (10th edn Oxford University Press, Oxford 2010) 80 [1974] ICR 420 CA Smith and Baker (n3) 81 John Bowers, Bowers on Employment Law (6th edn, Oxford University Press, Oxford 2002) 39 [1972] 2 QB 455 Smith and Baker (n3) citing Lord Denning MR per (n7) [2006] EWCA Civ 1277, [2006] IRLR 961 Slade and 11 KBW, Tolley’s Employment Handbook (24th edn, LexisNexis 2010) citing (n9) (n9) University of London External Programme ‘Chapter2 The contract of employment’ http://www.londoninternational.ac.uk/current_students/programme_resources/laws/subject_guides/labour_law/lablaw_ch2.pdf
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws.
There are a number of laws set up to protect employers and also the employees in ECCE setting. According to the Terms of Employment (Information) Act 1994, an employer is obliged to provide an employee with a statement of their terms and condition in writing no later than two months after the commencement of employment. The statement of terms has to include certain information, for example the full names of both employer and employee, address of the employer, place of work and others (Dillon Solicitors 2014). It helps giving both the employee and employer the rights and obligations (IBOA 2014). Many difficulties would be avoided if the employer takes their time to get this statement correct as the written statement can avoid later arguments
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
Ferguson, J. (1997), Casual Employment Contracts: Continuing Confusion when Protection and Free Market Clash, New Zealand Journal of Industrial Relations, 22(1): 123-142
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
This paper demonstrates the understanding of zero hour contracts in the context of UK. The contract zero hours is (zero hours contract) a contract of employment that does not guarantee person hours of work. It also contains an exclusivity clause forbidding a person to accept another job. With zero hours contract, one can have the same entitlement, paid in the event of sickness and maternity leave as other workers. The employers sometimes illegally refuse these rights.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
In the organization, there are many contracts that are listed to both employer and employee as a promise to fulfill the necessary in the organization. Both of the pride must follow the entire contract given since the first day of working hours.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
As a consequence of the separate legal entity and limited liability doctrines within the UK’s unitary based system, company law had to develop responses to the ‘agency costs’ that arose. The central response is directors’ duties; these are owed by the directors to the company and operate as a counterbalance to the vast scope of powers given to the board. The benefit of the unitary board system is reflected in the efficiency gains it brings, however the disadvantage is clear, the directors may act to further their own interests to the detriment of the company. It is evident within executive remuneration that directors are placed in a stark conflict of interest position in that they may disproportionately reward themselves. The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position. Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition
Laws play a very integral role in contracts as it is through this medium that justice can be served with reason and understanding from the law requirements of this country. There are different types of contracts for different types of situations and agreements.