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Employment Contract Vs Minor Breach

956 Words4 Pages

What is an employment contract? An employment contract is a written legal document that lays out binding terms and conditions of an employment relationship between an employee and an employer. Differences exist in private and public sector employment contracts because the goals of an employment contract are different in each sector. Why have an employment contract? For the employer, an employment contract gives him/her security that the employee knows what is expected of him/her as well as of all stated terms. This too protects the business as the employer has proof to substantiate any actions or decisions that could possibly result in the employee seeking legal assistance. An employment contract for an employee gives him/her a sense of …show more content…

Breaches of contract mostly occur when employees give 24 hours notice to the employer. Therefore placing the employee in breach of contract, as most employment contracts agree on a longer termination period. Giving 24 hours is too stated illegal according to the Basic Conditions of Employment Act. Protocol therefore puts the employer in every right to sue for damages, lost revenue, lost resource acquisition costs and more in such occurrences. In most situations, one would however find that following such protocol is expensive and the employers find it difficult to follow through with it in some cases. There are many different types of breach contracts. Namely: Minor Breach: The protocol of a minor breach is one that states that the aggrieved party may not sue for specific performances, but may sue for actual damages. Material Breach: The protocol states that because one party has failed to perform, the other party is in every right to compel either action or claim for damages of non-performance. Fundamental Breach: The level of seriousness of this breach is one that allows the aggrieved party to terminate the contract or sue for …show more content…

• National Proffesional Teachers organization of South Africa (NAPTOSA) • South African Democratic Teachers Union (SADTU) • National Teachers Union Positives aspects of trade unions for employees: • Members of the union tend to have higher wages than the average worker. • Trade unions also sometimes act as representatives of workers in case of legal matters • Trade union member have better protected rights. For example, they cannot be unjustly removed from work. • It helps in developing a sense of responsibility amongst employees. • It helps ensure adequate wages and working conditions for employees. • It improves the morale and productivity of employees. • It helps in quick settlement of grievances. Negative aspects of trade unions for employees9: • Union subs :Union membership is not free. Unions require money to hire workers and perform the bargaining activities that their members demand. Unionised workers typically have to pay monthly membership fees called "subs" to maintain membership. Subs may be deducted from pay automatically, resulting in less take-home pay. Joining a union may also require a worker to pay an initial union membership

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