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Can an employee renegotiate a contract on his terms and does this renogotiation null and void the previous employment contract?
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Can employee cancel employment?
Yes, an employee can cancel employment as long as there was no contract for that employment. If there was a contract, the employee can be sued for breech of contract.
What is the impact of an employment contract on employment-at-will?
An employment contract dictates the conditions of employment, such as salary, vacation, benefits, etc. An "at will" employee serves at the pleasure of the employer, meaning their employment can be terminated at any time, for any reason, or for no reason at all. The effect of an employment contract on an at-will employee would be to set salary, benefits and so on as long as the employee worked at that employer.
What is contract of employment?
A contract of employment is a document which describes the employer and employee agreement. The document contains the duties to be done over a certain duration and the amount of remuneration to be expected.
Samples of administrative assistant employment contract?
Agreement between employer and the employee
How to Understand an Employment Contract?
An employment contract is a written document signed by both the employee and employer that documents what is expected from both of you as a result of your business relationship. An employment contract can benefit both the employee and the employer by avoiding misunderstandings and miscommunications regarding what the employer expects from the employee in exchange for his paycheck. An employment contract can spell out or address a wide range of issues affecting both the employee and the employer. These include the length of employment expected, the exact responsibilities born by the employee, the specific benefits such as health insurance, vacation pay, sick days or disability leave that the employee is entitled to, the reasons that the employer can terminate the employee’s services, any non-compete agreement once the employee leaves the employer for another opportunity, the matter of confidentialty when dealing with client lists, trade secrets and other proprietary information owned by the employer, who owns any work products that the employee develops, creates or supervises while an employee, and how any disputes are agreed to be handled between the employee and employer. An employment contract can specifically spell out the amount of hours or days to be worked, the designated break and lunch times allocated each workday, and the amount of paid leave offered for vacation, disability or illness. An employment contract is a wise idea for businesses dealing in developing new products or dealing with a lot of confidential information because it makes very clear that the employee cannot violate this confidentiality at the risk of termination and lawsuit. If training is involved when hiring a new employee, an employment contract can help ensure that they don’t leave within a few months time for greener pastures, causing all that money and effort to go to waste. Employment contracts also protect businesses from having an employee leave and get hired immediately by a competitor or go directly into a competing business. An employment contract can protect the employee from being terminated for no reason after a time shorter than specified in the contract, unless an at-will agreement has been signed. This means the employer can terminate the employee at any time, for any reason. Also, terms of an employment contract are binding and cannot be changed without both parties agreeing to renegotiate. Since an employment contract is legally binding on both parties, it should never be signed unless all terms are understood and agreed to and legal counsel for both parties has reviewed the document for anything misleading or questionable.
What is a yellow dog contract?
A yellow dog contract is an agreement between an employer and employee where the employee agrees, as a condition of employment, not to be a member of a labour union while employed.
What is a zero-hour contract?
A zero-hour contract is a contract of employment which creates an on-call arrangement where the employee agrees to be available for work as and when required.
What is a zero-hours contract?
A zero-hours contract is a contract of employment which creates an on-call arrangement where the employee agrees to be available for work as and when required.
Can human resources policies construed as contract of employment?
Human resources policies can be construed as a contract of employment. Violate any of the rules that are set by human resources and the employee can be fired. There is no guarantee of employment, however.
C Title VII can override the employment environment and conditions detailed in a written employment contract between an employer and an employee?
Yes, Title VII of the Civil Rights Act can override an employment contract if the terms in that contract conflict with the law. The contract cannot overrule because Title VII is codified law (is that the right term?) and therefore supersedes an employment contract.
What is the role of power in regulation of employment relationship?
There are multiple bases of power and the employment relationship embodies what is known as legitimate power.Employment is a contract between the employer and the employee where the employee agrees to perform a specified work and the employer agrees to compensate the employee (i.e. money, stock options, and benefits).In an ideal world the employee would live up to his responsibility to provide the service that he was contracted to provide. We do not live in an ideal world so the following happen:The employment contract is vague therefore the employee does not know what they are supposed to provideThe employment contract is well defined but the employee does not understand what they are supposed to doThe employee for whatever reason provides less than the minimum service required by the contractWhen an employment contract is poorly specified or when an employee takes actions that exceed a well specified contract then the employer needs to invoke power to regulate this. When the contract is poorly specified they have the obligation to provide clarity on the contract and work with the employee to define all vague areas and make sure that both parties are still in agreement with the contract. When employees exceed well specified contracts then the employer needs to reign them in and establish why there is a misunderstanding of the contract.A well defined employment contract will specify concreteand measurable targets that the employee must provide; an example is a union contract where productivity is very explicit.When the employee fails to provide the required performance then the employee has breached their contract and the employer can seek remedy. This is where the employer has the right to regulate an employee but only where it concerns the employer.For example, you may have an employee that is chronically showing up late on Monday morning because they party late on Sunday night. The employer can talk about being on time but the employer can't comment about how the employee spends their Sunday night.Even though an employer clearly needs to be able to regulate their employees the real problem is that as humans we have biases and poor interaction skills. This makes it difficult for people to execute employer/employee relationships properly.To make matters worse, no two people (ok, maybe identical twins :-) see the world the exact same way. So unless an employment contract is as explicit and measurable as a union contract (e.g. employee will work 40 hours a week and produce at least 100 widgets) then it is a guarantee that both the employer and the employee interpret the employment contract differently.So in summary, employers have the right to use power regulate an employee only as far as it concerns the employment contract and does not break any laws at any point in the process.
Employee Contract?
form_title= Employee Contract form_header= Create a well written and widely used employee contract. Would you like to create a long term or short term contact?*= () Long Term () Short Term () Both Have you ever created a short term contract?*= () Yes () No Is the contract for permeant or temporary employment?*= () Temporary () Permanent () Both
