... middle of paper ...
...minatory practices, a minimum wage, and working time regulation rights, all of which contribute to striking a fair balance between the needs of employers and the needs of their workers. A single category of personal employment contract would not be able to reflect both the needs of employers as well as their staff in the modern labour market. However, while a complete collapse of the present multiple categories is not possible, simplification is both feasible and ideal in the realm of workers under the 1996 Act and those under a contract personally to do any work under the 2010 Act. With broadly similar requirements, and unacceptable case law in the case of the latter, the law of employment would be streamlined and consequently clearer if the categories of personal employment contracts were reduced to include only employees and workers under the 1996 Act definition.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law. This essay will argue that the concept of ‘worker’ defined under section 230 of the Employment Rights Act (“ERA”) 1996 is board, but due to undefined scope of section 230(3) of ERA 1996, employment tribunals and the courts have adapted a rigid approach in their inte... [tags: Law, Common law, Recruitment]
995 words (2.8 pages)
- It is human nature to look out for one’s individual self-interests. This vested interest is what minimizes unjust treatment by other parties and ensures success. Leverage is priceless when presented with an unfair employment scenario. In the case of an employer and employee relationship, too much power on either side can quickly become detrimental. Balancing this power is no easy task and holds no single solution. In this essay, I will propose that the contract at will, or employment at will, is one viable solution that can legitimately benefit both the employer and the employee.... [tags: Human Resource Management ]
876 words (2.5 pages)
- Historically New Zealand has had an industrial relations system based on principles of collective bargaining, with union and employer representatives negotiating minimum employment terms and conditions. The Industrial Conciliation and Arbitration Act of 1894 established principles of; wage fixing through conciliation and arbitration; multi-employer awards; blanket coverage of conditions; compulsory union membership; and compulsory arbitration. This system served New Zealand for almost a century with only minor changes.... [tags: International Business ]
1720 words (4.9 pages)
- Comparative Advantages of Contract Employment • Using contract employment allows you to hold on to your best employees, this done by adding terms to the contract that limit reasons employees may use when they want to leave your company. • Contracts allow employers to lock employees into specific lengths of employment. This helpful in sense that after spending so much time and money on training an employee, you obviously want to keep them. Including a clause in the contract that stipulates and give you enough time to train them.... [tags: Employment, Trade union, Employment contract, Law]
784 words (2.2 pages)
- There are several terms that can be implied within a contract of employment through common law. Implied terms to a contract of employment have developed over time through the decisions made by the courts in a number of cases, these being known as common law implied terms. Common law implied terms that have derived from case law relate to both the employer and the employee and each party has a responsibility to carry this out or risk a breach of contract. There are five situations in which these terms mentioned could be implied into a contract: 1. The term automatically forms part of the contract as it is key to the employment relationship; 2. The term is necessary to give business efficacy t... [tags: Contract, Law, Sale of Goods Act 1979, Tort]
1083 words (3.1 pages)
- Advise on whether Clarissa can pursue a claim for unfair dismissal compensation against Precision Missiles PLC The Employment Rights Act of 1996 and the Employment Act of 2002 deals with the issue of unfair dismissal of employees and Clarissa should be conversant with the provisions of this Act. Moreover, Clarissa needs to know that the employment tribunal deals with issues of unfair dismissal and that she has to prove that she is entitled to bring a claim of unfair dismissal and a claim for compensation before presenting her claim.... [tags: Employment Policies]
2071 words (5.9 pages)
- What are the comparative advantages and disadvantages of contract employment versus at-will employment for an employer and employee. Contract employment is legally binding, mutually agreed upon contract between an employer and employee that documents the terms of the employment. Such terms should include the term (length) of contract, compensation and expectation of duties during the contract. Some advantages of contract employment for the employer, are savings of payroll taxes as contract employees are responsible for paying their own taxes to the IRS, training expenses as contract are hired with specialized skills and reserves of health benefits as they are generally not provided for contr... [tags: Employment, Trade union, Human rights]
711 words (2 pages)
Motivation Is The Best Business Strategy For A Business Organization Depends On The Method Of Motivation
- Describe a range of different methods that can be used to motivate staff Motivation is the best business strategy which can encourage staff to give their best effort. Moreover, the success of the business and organization depends on the method of motivation. According to Wainer & Rubin (cited in Winter, Journal of Personality, 76(6), p. 1637), a small business can easily be getting a high level of success because of motivation. Motivated employees are the significant part of entrepreneur. As a result, a business can easily acquire their high prosperity (Donkin, Optometry Today, 52(8), 2012).... [tags: Employment, Management, Motivation]
1081 words (3.1 pages)
- In order to launch and maintain a business, contracts for services, employment, leases, and products are needed. First, a business owner must acquire a lease of property contract. This contract is needed so that I will have property to operate my restaurant. The provisions that should be included in this contract are the term of the tenancy, premises clause, exclusive use clause, assignment clauses, contingency clause, option to extend, and the good guy guaranty clause. These provisions will reduce my restaurants potential liability.... [tags: Employment, Discrimination, Contract]
1461 words (4.2 pages)
- Contract of Employment A contract of employment is an agreement that is between the employer and the employee, by having the employer offer the employee work to do a particular job and agrees to work for the employer in return for wages. An employer would provide a contract to make sure the employee understands what is required of them, if so they should sign the contract. In doing this, the employee agrees only to do the jobs stated in the contract. ‘In Breach of Contract’ breaking your contract even though the employee has signed and agreed to the content within the contract.... [tags: Papers]
780 words (2.2 pages)
- Personal Statement : ' The Dream Team ' Of Usa Basketball '
- Universal Of Each Christian Denomination
- Immigration And The United States
- William Shakespeare 's Othello And Tennessee William 's A Streetcar Named Desire
- The Story Of An Hour By Kate Chopin
- The World Of The Food Chain For A Long Period Of Time