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. We also have tribunal courts that will look into cases that occur as a result of the contracts being followed. 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.
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.
The contract of employment includes the terms and conditions that the employer and the employee has agreed on. The terms that you have agreed on are included in the written contract.
The laws that are required by the law to be in employment contracts are also included. There are also other terms which are necessary to make the contract work.
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 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 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. It should also include if the employee is entitled to holiday entitlement, and this includes the public holidays.
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.