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. If the terms and the conditions of a contract of the contract are not followed the person who has breached the agreement is taken to a tribunal court to answer to some charges. The practice of the employer and the employee signing a contract of agreement is a most common practice. These agreements are usually put in writing by the employer incorporating the terms and both the employer and employee have to mutually agree with the standard form, or with the negotiated terms that exist between both parties. Some of the employers will ignore this and agree on a verbal agreement with their employees they, therefore, do not finalize with the terms of employment in a written form or an employment 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 changes occur in a business place, the employer and the employee has to ensure that the changes are captured in the written contract and then both parties to sign. 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. Both the employer and the employee have to sign the contract so that it can be in operation. The contracts of employment also referred to as the common law contracts consists of the following.
It has the agreed terms between the employee and the employer. There are terms and conditions which are set by legislation, which includes the national minimum wage and the minimum number of the paid holidays that the employee is entitled to in each year and all this is included in the contract of employment.
The laws that are required by the law to be in employment contracts are also included. An example is when the employee is working as a driver, where the contract highlights that he must have a valid driving license for the class of vehicle the employee will be driving.
There should be a mutual working understanding between the employee and the employer. The terms are written to express the agreement terms on both parties and then there are others that are implied into the agreement.
Employers are supposed to give the contracts to their employees. 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. If an employee is to go for public holidays, the information is captured in the employment contract.
The best way to acquire the information is by signing the contract of employment, which means that the employment must be provided before the commencement of employment.