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. 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. These agreements are supposed to be in writing and have to incorporate the terms that both the employer and the employee have to work and abide with. 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 includes the terms and conditions that have been agreed on between the employee and the employer that they both have to abide with so that they can work smoothly. 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. There are also other terms which are necessary to make the contract work.
There are also other terms which might seem obvious when mentioned. The contract terms are well highlighted in the contract for both parties to understand.
There has to be a written contract between the employer and the employee before the employer starts to work for the employee. 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.
It includes where the employee will work, and whether he or she will have to travel for work assignments in other areas and if they are paid and also if the employee will work in different places and if yes where.