Why Employment Contracts are Necessary
Before and employee starts an employment there has to be an agreement between the employer and employee known as a contract. 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. 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. 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.
The operations of businesses can change, and if this happens, the information has to be captured into the contract. 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 there is a written contract the terms of employment are clearly and unmistakably highlighted to ensure that both parties are quite aware and understand their main responsibilities, obligations and duties under the contract of agreement. 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.
It has the agreed terms between the employee and the employer. The terms that you have agreed on are included in the written 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.
There are also other terms which might seem obvious when mentioned. 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 statement can be contained in more than one document, and it highlights the following information, the business address, and name, the employees name, the job description and title of the work they will be doing and the commencement date.
The payment terms are noted down. 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.
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