...RESTRAINT OF TRADE The doctrine of restraint of trade is a legal device to attempt to hold the balance between two competing factors - an employee’s freedom to take employment as and when he wishes, and an employer’s interest in preserving certain aspects of his business. Both factors are important, and indeed the law will protect the employer if necessary by the implication of the term fidelity in the contract of employment thereby restraining the employee inter alia from divulging confidential information. However, the employer may wish to go further and extract an express promise from the employee: a) Not to disclose certain information, b) Not to place himself in a position in which he may do so, e.g. by not working for a competitor for a certain period of time within a certain area after leaving the employment. It is thus established that an employer can stipulate for protection against having his confidential information passed on to a rival in trade. But experience has show that it is not satisfactory to have simply a covenant against disclosing confidential information. The reason is because it is so difficult to draw the line between information which is confidential and information which is not; and it is very difficult to prove a breach when the information is of such a character that a servant can carry it away in his head. The difficulties are such that the only practicable solution is to take a covenant from the servant by which he is not to go to...
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...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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...Law of Contract What is a legal agreement Contract is an agreement which the law will enforce. What is the difference between an agreement and a legally binding agreement? To understand this problem we should consider two scenarios. The first is if we ask a friend or colleague to have lunch with us and they agree. There is an offer and an acceptance. If we were to be asked if we are suing the friend or colleague for breach of contract our answer would be an emphatic no. (Why would we give an emphatic no? What is the common sense reason for this?) Before going further into this scenario lets look at a different one. We make a booking at a hotel. We fail to turn up. The hotel having reserved a room for us has been unable to sell the room to anyone else. If the hotel were to sue us we would accept the fact because there is an intention to create legal relations.Why? Because it is a business relationship. In the same way if the hotel had sold our room we would consider legal action of our own. A legally binding contract needs offer, acceptance, intent to create legal relations and consideration. It is the presence of intent to create legal relations and of consideration that converts a social agreement into a legal agreement. Offer Characteristics of an offer Must be certain : Gunthing v Lynn 1831 Must be differentiated from an enquiry : Harvey v Facey 1893 Must be differentiated from an intent to trade: Pharmaceutical Society of Great Britain v Boots 1953 May be...
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...Contents 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract 9 1b. Analyse the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology 11 1c. Assess the importance of the rules of intention and consideration of the parties to the agreement 12 1d. Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement 14 2a. Analyse specific contract terms with reference to their importance and impact if these terms are broken 16 2b. Apply and analyze the law on standard form contracts 17 References 19 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract To implement the business activities with others, an person and even an organization needs make the legal contracts. The contract is considered as a versatile legal tool which guarantees legal enforcement of its terms. There are four popular types of business agreements such as sales agreements, employment agreements, independent contractor agreements and confidentiality agreements (1). * Sales agreements: this is a type of business contract between merchants and consumers. It is considered as a binding contract which binds the related parties if they sign the contract. The parties...
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...WW1 was very important in the short term for bringing about social, political and economic change for the duration of the war. However, these changes largely were of little importance in the long term and only benefited a minority of women after the war. Indeed, the changes that were already happening before the war were of similar importance with WW1 arguably delaying the changes to the position of women in society. Firstly, world war one was important politically, economically and social in changing the position of women in the short term. Women’s roles were drastically changed throughout the war for the better and took over many jobs that were previously only done by men. Economically women prospered due to full employment and 250,000 converted themselves from peacetime to wartime jobs almost immediately. 1 million women entered the workforce and 80% of all workers in shell factories by 1918 were women. They also took on more educated roles and the amount of women in financial-based jobs grew by 600%. The growth in working women also impacted women socially, with an influx of short hair and short skirts. The traditional social restraints were relaxed and most women became the main breadwinner within their household. Women were appearing as an influential gender and they were shedding their ‘weaker sex’ label. This inspiring the suffragette campaign for votes for women, with many controversial politicians being won round, even asquith. In 1916 J.L Gavin claimed “the modern...
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...American democratic spirit working itself out in industry is hardly to be doubted. Its beginnings coincided with the period when the free colonies were establishing state governments, and the principles of the federal Constitution were subjects of great political debate. It developed stretch in Jefferson's administration, and grew to a full-fledged labor movement during the presidency of Andrew Jackson. Workmen's clubs, unions, were part of the movement of "Republican-Democratic Societies" which marked "the Rise of National Democracy" in the early decades of the nineteenth century. The American ideal that swept away the vestiges of government by an elite class also freed wage workers of property qualifications for voting, and of court restraints on their freedom of association. The same democratic movements that fashioned the ideas and methods of establishing the nation as a government of, by, and...
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...this essay I will attempt to conclude and justify the true meaning and evaluation of Reward Management. With regards to ‘Reward Intelligence’ and the use of ‘Strategic Rewards’ both come from the core of the company. From a Human Resources professional view point, key factors surrounding the ‘Ultimate Reward Package’ can include bottom line profit along with what type company holds the employment. The general corporate values of the company and on going ‘employer and employee expectations and over all relationship. The term ‘reward’ generally covers a wide range from financial packages made to the employees to pensions, annual paid leave and further cash incentives such as bonuses. These financial packages (reward package / benefits) would be classed as Extrinsic rewards. Rewards can also include small incentives such as for example; leaving work early every Wednesday to attend an appointment as you are in early most days for work. This could be classed as a small incentive and become the norm for some employees. Although this sort of incentive would not be written in a contract of employment it can be classed as a ‘Psychological Contract’ thus defining ‘the perceptions of the two parties, employee and employer, of what their mutual obligations are towards each other' (“CIPD, The psychological contract” July 2014). This could also be defined as an Intrinsic reward. Key factors surrounding the reward environment can occasionally depend upon the employee. Of what said employee...
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...American democratic spirit working itself out in industry is hardly to be doubted. Its beginnings coincided with the period when the free colonies were establishing state governments, and the principles of the federal Constitution were subjects of great political debate. It developed stretch in Jefferson's administration, and grew to a full-fledged labor movement during the presidency of Andrew Jackson. Workmen's clubs, unions, were part of the movement of "Republican-Democratic Societies" which marked "the Rise of National Democracy" in the early decades of the nineteenth century. The American ideal that swept away the vestiges of government by an elite class also freed wage workers of property qualifications for voting, and of court restraints on their freedom of association. The same democratic movements that fashioned the ideas and methods of establishing the nation as a government of, by,...
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...Legal, Safety, and Regulatory Requirements Valencia Simpson HCS 341- Human Resources Management March 24, 2014 Author Note This paper was prepared for Human Resources Management- HCS341, taught by Alejandra Sipion. Safety, legal, and regulatory requirements in any organization is the most important law because the department involves developing, employing, utilizing, managing and understanding the staff in an organization. According to Gomez, Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the Human Resource Management process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the Human Resource Management process. Laws and regulatory requirements are currently in place for state and federal divisions to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents keeping employees safe, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures for employees who go out under worker’s compensation. (Gomez-Mejia, et al, 2010, p. 511). The Human Resource Management department must take into consideration when hiring new employees the many legal requirements that are set in place by the United States government , state, and federal...
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...the economy, we are able to consume and enjoy many more goods and services than we otherwise could if we had to produce everything on our own. You eat food that is grown and often prepared by someone else. Your clothes are sewn by someone else. Your car, MP3 player, computer, and cell phone were produced by someone else. The movies you watch and the music you listen to were all created by someone else. If you produced everything on your own, you would have little access to medical and dental care. These items are a part of everyday life and would not be available if not for markets and business. For-profit and nonprofit organizations play important roles in the economy. For-profit organizations produce goods and services, and provide employment with the primary goal of generating financial gain, whereas nonprofits are not in the businesses of financial goal. They employ people, take in revenue, and provide goods and services with the fundamental goal of serving humanitarian or environmental needs. For-profit organizations help raise the standard of living through taxes, which the government spends for providing the facilities to the people, and for the well-being of...
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...of Stabilisation, Equity and Growth* Lennart Erixon ♣ (December, 2005) Department of Economics, Stockholm University, 106 91 Stockholm, Sweden _____________________________________________________________________ Abstract The Swedish economic policy to combine full employment and equity with price stability and economic growth was developed by two trade union economists shortly after World War II. Through the use of extensive employment policy measures, a tight fiscal policy and a wage policy of solidarity, the Rehn-Meidner model represents a unique third way between Keynesianism and monetarism. This essay analyses the application and performance of the Rehn-Meidner model in Sweden. Although never consistently applied, it is possible to distinguish a golden age for the model from the late 1950s to the early 1970s. In the 1970s and the 1980s, governments abandoned the restrictive macroeconomic means of the model and were thus unable to combine low rates of unemployment with low inflation and high economic growth. Since the early 1990s, Sweden has not met the requirement of full employment in the Rehn-Meidner model. Recent declarations by the EU to prioritise full employment once again but without giving up the objectives of price stability and growth legitimise a renewed interest in the model. __________________ JEL classification: E24; E31; E62; J23; J31; J62; O23 Keywords: Swedish model; Rehn-Meidner model; third way; labour market policy; solidarity...
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...Case Study Costco: the Culture fit in Japan CONTENT 1 Introduction 1 2 Costco’s Human Resources Policies and Practices in United States 1 2.1 Recruitment 1 2.2 Compensation and Benefits 2 2.3 Career development 3 3 Culture differences between US and Japan 3 4 Costco’s human resource policies and practices in Japan 6 4.1 Costco in Japan 6 4.2 Costco’s human resource policies and practices in Japan 7 4.2.1 Recruitment 7 4.2.1.1 Student Program 7 4.2.1.2 Job Posting System 8 4.2.2 Compensation and Benefits 9 4.2.3 Career development 9 5 Conclusion 10 1 Introduction Costco Wholesale Corporation operates an international chain of membership warehouses, which carries quality, brand name merchandise at substantially low prices. As of 2014, it is the second largest retailer in the United States and the third largest in the world and the largest membership warehouse club chain in the United States. Costco currently operates 671 warehouses, with 189,000 full and part-time employees all around the world. As of 8/31/2014, there were 160.3 Million membership owners and the annual revenue of fiscal year 2014 was $112.6 billion. 2 Costco’s Human Resources Policies and Practices in United States In the United States, Costco is famous for its generous to employees. Despite the sagging economy and challenges to the industry, Costco pays its hourly workers an average of $20.89 an hour, not including overtime (vs. the minimum wage of $7...
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...of the economy that applied in the 1920 still applied in 2005. The solution was not to print more money, but to invest the money the money saved. (3) During Great Depression, Keynes concluded in his General Theory of Employment, Interest and Money that government action was needed to stimulate aggregate demand to promote consumption so that the economy could achieve its potential and thereby reduce unemployment. Since 1930, there were two major successes based on Keynesian theory: massive government spending during World War II propelled the United States out of the Depression and the 1964 tax cut stimulated the economy during a period of slow growth. Both public spending and tax cuts promoted consumption and a multiplier effect meant that for every dollar of spending or tax cut, consumers spent even more. In 1971, Keynes’s economic theory was in full ascendency when President Nixon declared in The New York Times “I am now a Keynesian in economics”. Then the world changed and our political system proved incapable of the kind macroeconomic fine-tuning envisioned by Keynes and his followers. In fact, we experienced a series major policy and economic miscalculations. (4) Hayek as “an opponent of financial excess” From 1971 through the early 1980s, restraints on the financial sector were...
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...& practices apply. The origins of labour law can be traced back to the remote past and the most varied parts of the world. While European writers often attach importance to the guilds and apprenticeship systems of the medieval world, some Asian scholars have identified labour standards as far back as the Laws of Hammurabi and rules for labour-management relations in the Laws of Manu; Latin American authors point to the Laws of the Indies promulgated by Spain in the 17th century for its New World territories. None of these can be regarded as more than anticipations, with only limited influence on subsequent developments. Labour law as it is known today is essentially the child of successive industrial from the 18th century onward. It became necessary when customary restraints and the intimacy of employment relationships in small communities ceased to provide adequate protection against the abuses incidental to new forms of mining and manufacture on a rapidly increasing scale at precisely the time when the 18th-century Enlightenment, the French Revolution, and the political forces that they set in motion were creating the elements of the modern social conscience. It developed rather slowly, chiefly in the more industrialized countries of Western Europe, during the 19th century and attained its present importance, relative maturity, and worldwide acceptance only during the 20th century. The first landmark of modern labour law was the British Health and Morals of Apprentices...
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...institutions engaged in the work of improving the lot of human beings. The main social objectives of business are as follows: - (1) Supply of standard quality of goods: one of the social responsibilities of business is to produce goods of standard quality. If the enterprise is producing inferior, substandard and adulterated goods, it will be doing disservice to the society. (2) Avoidance of anti-social practices: It is not fair on the part of a business to indulge in anti-social practices such as hoarding, black marketing, smuggling, overcharging etc., to earn profit. A reasonable profit on a legitimate business is regarded a healthy sign and considered hi/al from Islamic point of view also. (3) Provision of more employment: Business provides employment to the people. It thus helps in increasing the standard of living of the members of the society. (4) Cooperation with the government: the business community should adopt a positive approach towards the policies of the government of the country. They should pay all taxes and dues in time to the government. All business activity should be carried within the legal frame work of the country. (5) Use of national resources: The business should use the national resources in the best interest of the country. Wastage should be reduced to the maximum. The motto should be more...
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