Why Employment Contracts Should be Provided
The relationship that exists between an employer and an employee is based on a law of contract, but unlike other types of agreement only some certain aspects of the contract of the employees are required to be in writing by the law. This has caused some disagreements, and this is why we have the tribunal claims. It is a common practice for both the employer and the employee to enter into a signed contract so that they can each understand the terms and the conditions that both parties have to abide with. The employee and the employer has to be in a written agreement, and both have to sign the contract. The employers and the employees should enter into a written contract so that in a case of any changes in the working conditions, the contract can be amended and incorporated into the contract.
When the changes occur in business places the information has to be captured in the agreement contract to protect both the employee and the employer. When this happens and there is no written contract, there might be an oversight of these changes, but when there is a written contract this information has to be incorporated into the contract. When an employment contract is signed by both parties the terms of employment are well highlighted to ensure that both the employer and the employee understands the terms that both have to abide by. This contract is in operation from the time is signed, or the employment commences, until there are some amendments, or the contract is terminated. The contracts of employment also referred to as the common law contracts consists of the following.
The contract of employment includes the terms and conditions that the employer and the employee has agreed on. The terms and conditions that are negotiated through the corrective agreement are included in the agreement contract.
Also the terms and condition that are established by custom and practice are included. Some are the requirement that an employer should have and so they are included in the contract
so that the employee can abide by them.
An example is how the employees are supposed to act in good faith, and the employers have confidence and trust the employees. The terms are written to express the agreement terms on both parties and then there are others that are implied into the agreement.
The employers have to give a written statement to their employee who is a legal requirement highlighting certain particulars of the employment. The contract document contains information like the business address, the Business name, a name of the employee, the job description, work title and other information.
The hours that the employee is supposed to work per day is highlighted in the statement and if they have to work during the day or night and if they have to work on the weekends like Sundays and if the employees are paid overtime. All the holidays are that the employee is entitled to are highlighted.
If an employee will at some point be required to travel somewhere for employment this is captured in the contract and also the nrservice they are to offer to the employer.