Task 4(b) A contractual relationship is evidenced by (1) an offer, (2) acceptance of the offer, and a (3) valid (legal and valuable) consideration. Each party to a contract acquires rights and duties relative to the rights and duties of the other parties. However, while all parties may expect a fair benefit from the contract (otherwise courts may set it aside as inequitable) it does not follow that each party will benefit to an equal extent. An employer must provide an employee with their employment terms, (known as a "statement of terms") within two months of the employee's start date. However, a statement of terms is the bare minimum required by law, and does not protect employers properly.
Both parties must have the legal capacity to enter into a contract. 3.3 Terms and Conditions In a valid contract of employment there are two types of terms; express terms and implied terms. Express terms are known as the provision which are included in the contract in writing or orally and implied terms are such terms which haven’t communicated by parties in orally or writing but are considered to be applicable by nature. For example faithfulness to the employer or to the business, honesty and confidentiality etc. These terms have to be in accordance with the respected labour laws of the country and such a term which is inconsistence with the law of the
• Reporting structure etc. The candidate has right to accept the job offer, they will sign and return the letter as a formal acceptance. An employee handbook is a book given to workforces by an employer, holding information about company policies and procedures. Promises made verbally during an interview, or when a contract is changed, is known as collateral warranties, and is binding in addition to the signed contract. When a written offer is made, it is sensible to specify that the only terms applying to the employment relationship what is in written offer, replacing any other agreement between the
The legal term for this is employment at will. This means people are hired and retained according to the will of the employer. It also means that both the employer and the employee are free to separate at any time with no advance warning. In the past, this has been more of an advantage for employers than employees.’’ Whatever your work involves, it takes place in real time and in the real world.” Business analysts and economists predict a range of varying scenarios for the future of the work environment. We live in dynamic times.
It is a positive attitude held by the employees towards the organization and its values. It is rapidly gaining popularity, use and importance in the workplace and impacts organizations in many ways. Hence, raising and maintaining employee engagements lies in the hands of the organization and requires a perfect blend of time, effort, commitment and investment to get full productivity and to craft a successful endeavor. Professor Chris Ellis 2 opines that over the past 20 years, the term “engagement” has been used inconsistently to describe employees. “Engagement “is often used to describe employee attitudes, such as satisfaction or trust.
This type of contract can be characterized by a focus on open-ended relationships involving considerable investments by employees and employers. For example, loyalty, commitment and trust in management on behalf of the employee, and job security and training on behalf of the employer (Rousseau & Wade- Benzoni
This ensures healthy trade and commerce by making the parties liable for the promises they have made. Competency to Contract According to Sec 10, an essential agreement of a valid contract is that the contracting parties must be competent to contract Section 11 lays down that every person is competent to contract who is of the age of majority according to the law
However, there is profound inconsistency within the judiciary itself in developing appropriate standards of review for addressing these employment related issues like confidentiality and non-solicitation. This paper is an attempt to elucidate one major issue resulting in disputes arising in an employment relationship. This issue is the enforceability of restrictive covenants in an employment contract in India. With the opening up of Indian economy and increasing competition, employment opportunities have grown tremendously. The employers are making all possible efforts to tie their employees to continue to serve in the organization and in case an employee leaves, he is still bound by certain covenants.
An employment relationship problem includes personal grievances, disputes, and any other problem which may arise in an employment relationship. It an include disputes between: =employer and employee, employees =a union and its members =unions in the workplace =a union and an employer =an employer and other employers involved in multi-employer bargaining. Examples of problems include situations where a party believes there to be: = an unjustified dismissal =a situation where actions such as warnings or demotions maybe unjustified claims of harassment and discrimination =differences over the meaning of employment agreements restructuring and redundancy issues. The Employment Relations Act requires that: every employment agreement includes a process for dealing with problems the employment agreement is in writing. A sample process for dealing with problems is in Appendix B.