...Contract employment LEGAL ENVIRONMENT AND INDUSTRIAL LEGISLATIONS [Type the phone number] [Type the fax number] [Pick the date] DIVYA.R ABSTRACT The purpose of this study is to 1) Define contract employment and outline its importance. 2) To discuss employee’s perception about contract employment. 3) To discuss the future of contract employment in India. INTRODUCTION CONTRACT OF EMPLOYMENT DEFINITION A contract of employment is a bilateral agreement for the exchange of service and remuneration over a period of time. Employment contract is that form of contract for personal service which the courts recognize as expressing the social relationship of employer and employee, as opposed to the other relationships. ESSENTIAL FEATURES: The essential features of contract of employment are * offer * acceptance * consideration * competent parties * legal object and * free consent. LITERATURE REVIEW NATURE OF CONTRACT EMPLOYMENT A contract of employment also contains various other terms and conditions to which both employee and employer are bound. A breach of such terms and condition will repudiate the contract. The terms and conditions are regarding wages, status designated, place of working, timings, list of benefits to be given during employment, restraint of trade, if any etc. Another important condition is regarding the settlement of disputes between the employer and the employee. The terms and conditions...
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...EMPLOYMENT CONTRACT This Employment Contract (this "Contract") is made effective as of December 27, 2012, by and between {business name}. {DBA} of {business address} and {employee full name} ("{goes by name/first name"), of {employee address}. A. {DBA} is engaged in the business of {business type/purpose}. {Employee name} will primarily perform the job duties at the following location: {business address}. B. {DBA} desires to have the services of {employee name}. C. {employee name} is willing to be employed by {business name}. Therefore, the parties agree as follows: 1. EMPLOYMENT. {business name} shall employ {employee name} as a(n) {employee job title}. {employee name} shall provide to {business name} the services described on the attached Exhibit A, which is made a part of this Contract by this reference. {employee name} accepts and agrees to such employment, and agrees to be subject to the general supervision, advice and direction of {business name} and {business name} Institute's supervisory personnel. {employee name} shall also perform (i) such other duties as are customarily performed by an employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to {employee name} from time to time by {business name} Institute. 2. BEST EFFORTS OF EMPLOYEE. {employee name} agrees...
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...Contract And Employment Law Course Work Unit code: U15019 Stufent ID: 515346 Introduction The questions whether Clarissa can successfully sue Precision Missiles plc to compensate her for unfair dismissal will hugely depend on whether her dismissal with six months’ notice was unfair. At the same time, Clarissa’s acceptance of Flare’s offer would be depended firstly on whether there was express to “garden leave” clause and whether she can lawfully take on that offer without breaching her contract with Precision Missiles. I will try to establish the circumstances under which the garden leave clause is valid and applicable. I will then review some of previous cases where ruling in such circumstances were made with the sole aim of establishing which course of action Clarissa could take with regard to her claim of unfair dismissal and whether she can go ahead and take Flare Missiles job offer without breaching her contract with Precision Missiles plc. In this regard, I would be able to offer her better advice concerning what action she could take and the consequences associated with each action. Discussion This discussion will start with first explaining the ‘Garden leave’ clause in relation to employment contracts and proceed to explicate the extent of its enforceability. This will be with the aim of finding out whether Clarissa can be able to successfully proceed with her compensation claim of unfair dismissal and under what grounds she should do that. According to Smith...
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...concepts behind and an analysis of an employment contract between Sam Marafioti and the Sunnybrook Health Sciences Center. The goal of this paper is to better understand contract law and the legal, ethical and contractual issues that can arise when dealing with an employment contract. The paper begins by explaining the objective of the paper and the used in order to complete the objective. The methodology used is a five step process beginning with the clauses within the contract being defined. This creates an easier reference for a reader without any legal background. The clauses are stated in an easily understandable format in order to better understand the agreement used in the analysis. This precedes the section where all legal concepts within the contract are defined. The legal concepts are used in order to better understand the meaning of the contract. They explain both the what, and the why each clauses exists and how they interact with the signer. The ethical issues within the contract are then showcased. The law is considered the minimum standard of ethics and as such there can be ethical issues for the signer. The process of termination is then analysed to better understand how the clauses within the contract work in a real scenario and can prepare the reader for their own employment termination. Finally, my personal recommendations regarding legal issues and lessons learned are displayed. This section shows how the contract could be improved on and recommendations...
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...Pros and Cons of an Employment Contract Abstract An employment contract or contract of employment is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the terms of the contract. The employment contract does not have to be in writing. However, the employee is entitled to a written statement of the main employment terms within two months of starting work. (Heathfield) The employment contract is made as soon as the employee accepts the job offer. When the employee starts work it will show that they accepted the job on the terms offered by the employer, even if the employee does not know what they are. Having a written contract could cut out disputes with the employer at a later date, and will help the employee understand their employment rights. Introduction A written employment contract is a document that the employer and employees sign setting forth the terms of the relationship. The employer does not have to enter into a written contract with every employee you hire. In fact, written employment contracts are generally the exception, rather than the rule. In some situations, however, it makes good sense to ask an employee to sign a contract. (Heathfield) The concept of an employment contract seems simple enough: “You work for me and I pay you for that work.” But there are some very important contractual nuances to the relationship between employers and employees which all human resources...
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... |…………………………………………… | | | | | |…………………………………………… | | | | | |……………………………………………. | to _______________________________________ (herein after referred to as "the employee") 1. Commencement Employment will begin on ……………………………… and continue until terminated as set out in clause 6 of the guidelines. 2. Place of work ………………………………………………………………..……… 3. Job description 2. Job Title …………………………………………………………………………. (e.g.. Domestic worker, child minder, gardener, etc) Duties: See attached job description 4. Hours of work (See Guideline 5) 1. Normal working hours will be ………. hours per week, made up as follows: Monday / Tuesday / Wednesday / Thursday / Friday: ……….... am...
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...Case, “The Broken Employment Contract?”, on pp. 50–53 1. Did Wayne have an employment contract, either oral or written, with EcoCare? Why or why not? Yes, Wayne did have an employment contract with EcoCare that is considered oral. According to Wayne, during his interview Bell stated, “As long as he did his job, he could stay with the company until he reached retirement age.” You know this is an oral contract because it proves four elements: an offer, consideration, acceptance, and mutuality. There was an offer given to Wayne to work at the company until he is at retirement age. Consideration means something was offered in exchange for the specified action, meaning Wayne was offered to stay until retirement only if he did his job. Wayne then was handed the manual and accepted the job offer. Both Bell and Wayne were aware of the offer and mutually agreed to the hire. 2. What problems, if any, do you see with EcoCare’s pre-employment process? EcoCare’s employment process is just unorganized. Bell should have never told a new hire in an interview that she knew of no one being discharged so they won’t have to look for work. That is unprofessional and can cause disputes later on. There was no documentation of the hiring interview and no pre-employment paperwork for records. The reason this company is in this predicament is because of the unorganized hire of Wayne. 3. Can an employer’s written human resource policies ever be construed as a contract between an employer...
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...PRE-PARTNERSHIP EMPLOYMENT CONTRACT GREENFIELD FARMS THIS PRE-PARTNERSHIP EMPLOYMENT AGREEMENT is made between Richard Greenfield of Greenfield Farms, the employer, and Steven Greenfield, the employee, for the operation of a 1500 acre field crop business in Anytown, Michigan. THE PURPOSE of the agreement is to establish a set of mutually agreed-upon employment conditions and compensation to assist the Greenfield family in evaluating the feasibility of Steven entering into a long-term partnership arrangement with Greenfield Farms after a three-year prepartnership employment arrangement. Richard Greenfield believes that Steven's experience, skill, personal goals, and technical proficiency will enhance Greenfield Farm's labor supply and management capabilities. He is pleased that his son, Steven, is considering the farming business as his profession. Steven Greenfield desires to enter the family business as an employee for a three-year period in order to learn more about the business and establish a working relationship with the employer and the business. He believes the business arrangement will provide an opportunity to decide whether he wants to become an owner, operator, and manager of a farm business as a future career. 1. Term. This Employment Contract begins on January 1, 199x and continues until December 31, 199x, unless terminated sooner by one of the parties. The contract will be evaluated at the end of each year and changes made in the terms that are agreed upon by the...
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...West Leaf’s employment contract is a full-time contract which is commonly used by other colleges in UAE. This contract used by the HR of the school is simple but brief. It has all the information that the hired employee needs to know. The has the following details: First are the basic needs which are date of agreement, name of employee, position, etc. Next is the Term of Appointment, in this part the employee will have to obey the agreement in this contract which is to work at the university that will not to exceed twelve months. They will be terminated by West Leaf College unless they will renew their contract. Third is the duties and responsibilities then followed by hours of work. Next are the compensation and benefits which includes salary and benefits. Salary of the employee will be based on his/her position. The...
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...The Psychological Contract' is an increasingly relevant aspect of workplace relationships and wider human behaviour. Descriptions and definitions of the Psychological Contract first emerged in the 1960s, notably in the work of organizational and behavioural theorists Chris Argyris and Edgar Schein. Many other experts have contributed ideas to the subject since then, and continue to do so, either specifically focusing on the the Psychological Contract, or approaching it from a particular perspective, of which there are many. The Psychological Contract is a deep and varied concept and is open to a wide range of interpretations and theoretical studies. Primarily, the Psychological Contract refers to the relationship between an employer and its employees, and specifically concerns mutual expectations of inputs and outcomes. The Psychological Contract is usually seen from the standpoint or feelings of employees, although a full appreciation requires it to be understood from both sides. Simply, in an employment context, the Psychological Contract is the fairness or balance (typically as perceived by the employee) between: how the employee is treated by the employer, and what the employee puts into the job. The words 'employees' or 'staff' or 'workforce' are equally appropriate in the above description. At a deeper level the concept becomes increasingly complex and significant in work and management - especially in change management and in large organizations...
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...critically evaluate the theory of the “psychological contract” and its role between the employee and employer. Through looking at the positive and negative aspects of this contract by using relevant information, figures and evaluating case studies, it shall explain why the understanding of this “psychological contract” is considered to be so vital to the management the contemporary employment relationship. The “psychological contract” of employment can briefly be defined as ‘a set of unwritten reciprocal expectations between an individual employee and the organisation’ (Schein, 1976). Such as the employee being promised certain policies or benefits and the employer expecting the employee to perform at a certain level or be of a specific age etc. Guest and Conway (2002) defined it as “the perceptions of the two parties, employee and employer, of what their mutual obligations are towards each other”. Therefore, an agreement that is beyond what is written or implied in the contract or other explicit manifestations of the employment relationship. The concept of the psychological contract is commonly traced back to the early work of Argyris (1960) and to social exchange theory (Blau, 1964). However, the crucial developments leading to its current use as an analytic framework were provided mainly by Rousseau (1995). The psychological contract therefore provides an opportunity to explore the processes and content of the employment relationship through a focus on more or less explicit...
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...waters access to educational advancement and training at reasonable and affordable costs. Meaning they should be in the correct amount to be paid by the seafarers in trainings and other essential requirements. a.b Section 6: Right access to relevant information. The State shall ensure that manning agencies shall provide Filipino seafarers with adequate and relevant information to make them understand their rights, benefits, obligations, conditions and realities attendant to their profession, their duties, responsibilities and obligations under the POEA-approved contract. Toward this end, manning agencies, and other organizations responsible for the recruitment and placement of Filipino seafarers, whether employed on coastal or ocean-going ships shall mandated to provide seafarers information on the computation and payment of salaries and specific privileges and benefits available in their contract of employment. a.c Section 7: Right to humane condition of work and right to just compensation. The State shall protect the Filipino seafarers’ rights to” humane conditions of work a safe and secure workplace that complies with safety standards; decent working and living conditions on board ship, Means that all of the seafarers working on board has a safe, comfortable and the security that they have to. a.d Section 8: Rights to self-organization to engage in collective bargaining and to participate in democratic exercises. The state shall ensure Filipino seafarers of their...
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...As we all know, Mexican investors have bought the Jamaica Grande property in Ocho Rios and are said to be investing some US$50 million in renovating, expanding and modernising the property. Over 2,000 Jamaicans have obtained employment on the site. Concerns have been expressed about the number of Mexicans who are being employed on the site. There has also been a multiplicity of complaint by workers and subcontractors on the site regarding pay, terms of employment, and conditions of employment. The situation deteriorated to the point where there was confrontation on the property, which saw Mexican workers running away from Jamaicans in fear of their lives. There are also scenes of Jamaican workers violently breaking down the fence to the property and damaging and destroying areas of the fence and other items belonging to the investors. Politicians were not to be left out, and so we saw images of a politician who claimed to have intervened to resolve the disputes. This politician was shown on television assuring workers that "you will get your pay today". A bone of contention by several peopel and entities is that the Mexicans are seeking work permits for 300 of their workers. The contention of the workers, trade unions and some politicians is that the Mexicans should not be allowed as many as 300 workers. The Mexican investors have made it clear that they have "special finishers" who are used on all their projects to finish them at a standard that is kept uniformly...
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...1. What would you do if you were Black? First, I would meet with the female supervisors to discuss the results of the compensation study and apologize for the pay gap. Then I would inform them that they will receive salary increases effective immediately. Thirdly, I would have an open discussion regarding back pay. I would explain to them that while I intend to compensate them fully which would include back pay; I would like to discuss payment options related to the back pay. I would ask them to consider allowing the company to setup an installment plan for their back pay. I would present the proposition in such a way that it would allow the females to negotiate the time frame for payments. I set up the situation in such a way that I can exceed their expectation for example asking them to allow the company to pay them in installments over the course of the next five years when in fact we would really like to pay them over the course of three years. I would not discuss how the salary inequity occurred, however I would definitely discuss the policies and procedures that I would be establishing to prevent this situation occurring again. , I also would reiterate how much I truly value them as employees. Lastly, I would have a meeting with all of the supervisors to inform them that I would be making adjustment to some of the salaries to ensure that all employees are compensated equally across the board. The new compensation plans would presented at this time as well. Anyone with...
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...Agency workers Agency workers enter into engagement with an employment agency and are sent by that agency to work for a third party – an end user. Is the agency worker an employee of (a) the agency, or (b) of the end user? (a) The worker- agency relationship In Construction Industry Training Board v. Labour Force Ltd [1] it was held that unskilled or building workers hired by employment agencies were not in a relationship of employment with the agency. The end-user paid the wages to the agency, and had the right to control the men as to what to do, and to require the agency to remove a man at three days notice (or in the case of misbehaviour, forthwith). The court considered it decisive against the identification of an employment relationship with the agency that no control was exercised by the agency over the workers. This approach was followed in Ireland. In Brightwater Selection v. Minister for Social and Family Affairs [2] a Social welfare appeals officer held that a worker sent by an agency to UCD to work in the administration section worked under the control of the agency: ‘the requirement to notify them of any changes in relation to responsibility, hours worked, pay, grievances… to produce a time sheet’. However, the High Court held that these minimal administrative obligations were not equivalent to control. The High Court held that in determining whether control exists, the alleged employer must not only have the right to tell the individual what...
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