1.3 Describe how the express terms of employment contract is an important to the parties of the employment contract.
A contract of employment is an agreement between two parties, who are employer and employee.
An individual who works full time or part time under an employment contract whether written or oral express or implied and has recognized rights, duties and obligations also called employee. The word “employer” defines a company that control and directs a worker or employee under an express or implied contract of employment and pays him salary or wages in compensation.
Employee agrees to hire to his services to the employer for a consideration which are called salary and social welfare. Employer does have to give employee a written
…show more content…
Whether the employment courts as a period of continuous employment with the previous employment and the date of commencement of the previous employment where this is so: this is important one.
A contract of employment will usually be made up of two types of terms. They are:
Implied terms
Express terms
A term which is not mentioned in the agreement, which is called implied terms. These terms are noting clearly agreed between employer and employee. If a term implied by fact or custom or the common law or any statute which is called implied term.
For example, employees cant steel from their employer
Even if this term is not in an agreement, the court consider this terms. When a termination of the employment the courts consider implied terms. But express terms are good than implied terms for two parties.
A term is mentioned in the agreement, which is called express term. Express terms are terms which have been set down in writing agreement or agreed orally. There are some express terms in employment contract. These are as follows:
The scale or rate of pay.
It means the method of calculating pay where the employee is paid by commission or bonus
When the payment is made.
Weekly or monthly
Hours to
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
Abstract There are some companies that believe employees are simply just that employees, no matter what their titles may be they are mere employees. These companies require their employees to take of the business and do work that they are paid for regardless of what it takes to get it done. In some cases though if companies do not word work contracts properly it could cost the company a lot of money. This is something Family Dollar Stores found out when their store managers filed a lawsuit against them and won. What may have been clear to the company was not to its’ employees, the store managers so they filed a lawsuit against the company to get paid overtime money they felt they had earned.
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.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
You need to write an essay related to the development of an employee’s psychological contract. This essay is designed to widen your knowledge of this particular facet of the employer-employee relationship. Hence, you are required to widely research the concept of psychological contracts and write an essay that discusses the construct. Details of what is required within this assignment will be discussed in class.
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
...mended that in determining whether in an individual case the term or notice was fair and reasonable, both substantive fairness (‘the substance and effect of the term’) and procedural fairness (‘the circumstances existing at that time’) be taken into account. (42)And additionally there are requirements that the contract must be written in ‘plain, intelligible language’ for a reasonable person would understand.
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
The express terms , that parties put down in the contract that is in writing and stated in the contract and cannot be ignored .
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
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,
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
“a contract under which a person is engaged in the service of an employer to do such work as is contracted for and where the employer directs what it is to be done”
...ems to be normal practice now for employers. As long as both parties agree and it does not go against public interest it would seem that restraints can be valid. The courts do not like getting involved in changing the clause to make it valid and therefore enforceable. There have been many tests to make sure that employers make the clauses reasonable and therefore would not have to go to court.
Termination of employment is that time when the employment relationship ends. There are two sorts of occupation terminations. Termination can be voluntary or it can likewise be involuntary. The two of them have a wide distinction. Involuntary termination, the employee ends the work because of acquiescence or retirement. In any other case, an employer can terminate an employee for any cause or without cause. For instance, Employer can ask his employee to leave due to serious absenteeism, open disobedience, or harassing other employees at work. An employment contract usually provides for its own discharge (1-year contract, etc.) or parties can mutually agree to bring it to an end. However, most of the contracts are for indefinite time and in