1.0 INTRODUCTION
Employment under fixed-term contract has gained popularity among the employers and displaced the standard form of employment in recent years. It is a category of employment where the relationship between the employer and the employee would last for a specific period of time or until a certain task has been completed. This chapter concern with the introduction of the research title which is ‘Legal Review on the Fixed-term Contract Worker: Comparative Analyses between Malaysia and United Kingdom’.
1.1 OVERVIEW ON THE FIXED-TERM CONTRACT EMPLOYMENT
There is a lack of standard and uniform definition, categorisation, characterisation and interpretation of fixed-term contract employment. However in regards to the legal perspective, a compilation of fixed-term contract of employment definition, categorisation, characterisation, and interpretation has managed to be gathered.
1.1.1 DEFINITION
The indicator used to identify the nature of fixed-term contract of employment would fall back to the organisational identification, which is concerned with the perspective of administrative science. George et al, submitted that fixed-term contract of employment is one which the employees would have limited and temporal administrative contact with the employer. Firstly, as the starting point, primary legal definition for the fixed-term contract of employment is an employment landscape that would be ended by effluxion of time specified as the essence of the contract. In addition to that, the contract may be concluded based on the performance of certain task or event.
1.1.2 CATEGORIES
In terms of the categorisation of the fixed-term contract employment, opinions are multi dimensional. While Hanita Saad, Hevenstone, and Lei...
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...ya, Malaysia: LexisNexis: Malayan Law Journal.
Note 29.
Note 1.
Ashgar Ali Ali Mohammed, & Farheen Baig Sardar Baig. (2012). Security of Tenure and Management Prerogatives. International Journal of Business and Social Science, 3(7), at p.155.
Ibid at p. 165.
Ibid at p. 153.
Note 14 at p. 270.
Ibid.
Regalia, Ida. (2001). Local Level Concertion: The Scope for Innovative regulation of Non-standard Forms of Employment in Europe. Work Employment Society, 7, at p.662.
Hector, Charles, Somwong, Pranom, & Pereira, Bruno. (2012). Abolish the Contractor for Labour System, Aliran. Retrieved from http://aliran.com/9129.html.
Ibid.
Note 33.
Note 15.
Ibid.
Ruddock, L., & Knight, A. (2008). Advanced Research Methods in the Built Environment., 28-38.
Primary and secondary sources. (2004). Retrieved 13 April, 2013, from http://www.ithacalibrary.com/sp/subjects/primary
Ferguson, J. (1997), Casual Employment Contracts: Continuing Confusion when Protection and Free Market Clash, New Zealand Journal of Industrial Relations, 22(1): 123-142
Furthermore, there agreements are now of only two years rather than of four years. These agreements which are made, these are firstly confirmed by the members of the company.
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
The use of contingent workers is on the rise. The U.S. Bureau of Labor Statistics defines contingent workers as anyone who "does not have an explicit or implicit contract for long-term employment" (Phillips & Gully, 2011 pg 51). This definition includes independent contractors, freelancers, consultants, and temporary workers who may or not work for an agency. In the past 50 years, temporary workers have been crucial to many businesses, and their role in business is growing. Companies must recognize potential problems and concerns brought about by employing temporary workers, and adjust their approach to staffing.
Psychological contract is the unwritten contract that illustrates a set of expectations exists between the individual and the organisation (Sonnenberg et al, 2011). Svensson & Wolven (2010) point out that it can be a relationship between the members of a group, the people who work in the same company, department or organisation, several groups or parties in an organization, etc. It includes the work performance requirement, job security, training, potential development, compensation and subside. Psychological contracts are the mental representation based on belief or perception, so it may help the employees and employers get rid of a complicated employment relationship. For instance, the employees and employers may understand very clearly about the terms and conditions and what they have been agreed upon. The perception of each individual is very important and essential (Ekelund et al, 2010, 1438). Thus, when they work in a high competitive group, it could motivate them to implement their work consciously. Combined with a few exceptions, some researches cite that psychological contract is only regarding to the employee–manager relation and the term that mostly...
There are several types of contracts which impact the characteristics of the business in occasion control and providing industry(Bekiris & Doukakis, 2011). The contractor or service provider always try to fulfill the consumer to be able to improve the good will and the achievements of a company is relevant with the fulfillment of the clients. Different process should be followed to type a agreement and the agreement must be followed by the clients to make sure the achievements of any occasion.
The Employment Act in Singapore is an act that covers every employee who is under the contract of service to their employer except employees engaged under managerial and executive levels or domestic workers. If either party intends to end the contract, they may do so with a notice of their motive of termination. Employees may need to serve a notice period before leaving, which ranges from 1 day to 1 month.
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,
In today's time of raising globalization, economies determined by benefit and yearly turnover are on the ascent which thusly prompts the advancement of agreement work. The arrangement of utilizing contract work is predominant in most commercial ventures in diverse occupations including talented and semi gifted employments. It is additionally normal in farming and related operations and to some degree in the administrations division. Representatives, who don't work straightforwardly for an association, however are utilized by a firm that has an agreement to do particular work for the association is known as contract workers. A laborer is considered to be utilized as Contract Labor when he is contracted in association with the work of a station by or through a Contractor. Contract workers are aberrant representatives; persons who are enlisted, administered and compensated by a Contractor who, thusly, is remunerated by the stronghold. Contract work must be utilized for work which is particular and for positive span. Contract work, all around is not borne on pay move or is paid specifically. The thought of agreement work can undoubtedly be understood from the accompanying case – let us accept that An is an industrialist who needs to assemble a manufacturing plant for which he enlists a singular, B to accomplish the occupation. B, thus procures other individuals X, Y and Z to deal with building the processing plant. It is worth noting that that X, Y and Z require not so much be enlisted by B with the assent of A. A may not even think about this agreement however B going about as a middle person has entered into an agreement with the previously stated people to accomplish A's work. These individuals X, Y and Z who have no...
Managers have a degree of choice in how they deal with their employees. (Purcell, 1987) Some may see them as a commodity while others may see them as an important and valuable resource needing to be developed. (Purcell, 1987) Managerial prerogative is defined by Bray, Waring and Cooper (2011: pg 332) as “those areas of decision-making within an organization over which managers claim to have an unfettered right to decide as they see fit.” It is important to define managerial prerogative so that we can establish whether the legislation has increased or diminished it. Defining managerial prerogative is also important as we look at the different managerial styles and strategies and observe if they play any role in increasing or minimizing managerial prerogative. Managers will always have some degree of control over their employees because most of the day to day tasks in the workplace such as rules and procedures of the workplace, tasks, and which employee performs which tasks are decisions made by the manager without consultation with employees and unions. (Bray, Waring and Cooper, 2011) The laws and regulations surrounding managerial prerogative have only seemed to rule in favour of employers being the sole decision makers in an organisation and decrease the amount of bargaining power unions and employees have towards pay and conditions. (Bray and Waring, 2006)
Changing employers has become more of a trend now when compared to the older times and is primarily due to the current economic conditions (The Street, 2016). Employees leaving an organization can be voluntary or involuntary (Mbah and Ikemefuna, 2012). Voluntary termination is that which is initiated by the employee, however in involuntary termination the decision is taken by the company due to reasons such as retirement, dismissal, disability, death etc. Job hopping or employee turnover is associated with the termination of employment contract with the employer.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition
“Temporary jobs becoming a permanent fixture In US”, laments a news article as global and local labour market dynamics continue to evolve and the issue of contingent employment emerges as one of the most significant trends (Rugaber, 2013). Just between 1985 and 1998 the percentage of temporary contract employees in the European Union increased by 50 per cent from 8.4 per cent to 12.8 per cent (De Witte, 2003). In the Netherlands, in the third quarter of 2014 alone, and consistent with the now long time downward trend in permanent contract employment and increase in temporary contract employment, the number of temporary hours worked grew by 2.5 per cent making it the most significant growth in the four years since 2010 (Statistics Netherlands,
We will look at the employment relations and employment conflict and analyze this complex topic from different points of theory and practice.