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. This has caused some disagreements, and this is why we have the tribunal claims. It is a common practice for the employers to enter into agreements with the employees so that they can start an employer and employee relationship. 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 business operations and also the employee responsibilities can change with time. 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 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. The contract starts to work immediately it is signed by both parties. The contracts of employment are referred to as the common law employment.
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.
Also the terms and condition that are established by custom and practice are 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 contract terms are well highlighted in the contract for both parties to understand.
The employers have to give a written statement to their employee who is a legal requirement highlighting certain particulars of the employment. The contact information include all the personal information between the business and the employee.
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.
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.