In employment, an employment contract is an important document that governs the relationship between the employee and employer.
Although easy to state, it is one of the most complex areas within employment law. The document usually validates the relationship between an employee and an employer. It is the commitment in which both parties can uphold certain responsibilities and develop a mutually beneficial association.
Moreover, the legally binding contract outlines the conditions, regulations, ethical considerations, and practices one should maintain during business tenure.
In this article, we will emphasize the intricacies of employment contracts and shed light on their elements, components, legal requirements, and more.
What Is An Employment Contract?
An employment contract is a legal agreement that describes the employment situation of an employer and employee. It states the rights, duties, and responsibilities that are often the “terms” of the contract.
However, the purpose of this contract is to stabilize the working relationship so that it stipulates what is expected from both parties.
Thus, an employee contract includes regularities of when an employee accepts the job offer. As an employee, if you begin working, it shows that you have agreed with the employer’s conditions.
If there are no written contracts, the workplace contract still exists. This is because the employee agrees to work for the company, and the employer promises to pay the employee from the agreement.
Hence, a well-written employment contract protects both parties from any liability or potential risk during a conflict. If you face any issue, then there are Employment law solicitors who will help and guide you with the legally binding formalities.
Key Components Of Employment Contract
The employment contract typically comprises the following essential components:
- The contract includes the job title and description, which detail the individual responsibilities and duties of the organization.
- Secondly, it includes a time frame. It needs to have the start date, duration of employment (if it is project-based), and work schedule.
- Thirdly, the contract should outline the type of compensation, such as wage, salary, and commission. It specifies other details of the amount, method, and payment frequency.
- Fourthly, the contract defines the grounds for the notice period, termination, and process to be followed in the case of termination by either of the parties.
- It should further include the benefits offered to the employee, such as retirement plans, health insurance, vacation, and sick leave policies.
- Next, the employment contract must include clauses, NDAs, or non-disclosure agreements to protect the employer’s proprietary information. This will prohibit the employee from sharing sensitive information with rival firms.
Elements Of Legal Binding Employment Contract
In a well-drafted employment contract, certain factors need to be considered as the main elements of the contract. Here is a list of key elements that build the legal binding.
1. Acceptance And Offer
The employment contract is when one party offers employment to the other, and the offer is accepted.
Thus, acceptance is based on salary and benefits offered to the employee by the employer. It also has the working hours specified that state the rules, flexible working duration, and rest periods.
Furthermore, it details the conditions under which either party can terminate the type of employment.
Both employer and employee must be of legal age and mentally competent to bind into the contract.
However, the employee should not address the sensitive information of the company. Such as its trade operations, business plan, or customer data.
Consideration in a contract refers to the exchange of something valuable between the employee and the employee.
It includes compensation offered by the employer to the employee in exchange for the service promised.
The contract provision and terms must comply with the laws and be enforceable. Thus, if any agreement includes illegal activities, it will not be upheld in court.
Types Of Employment Contracts
An employment contract comes in a different format that depends on various circumstances, such as employee status and needs. Here is a list of different types of employment contracts.
1. Oral Employment Contract
An oral employment contract usually takes place when a discussion needs to be put into writing. For instance, if the hiring manager makes an employment offer verbally and the candidate agrees to it, it is considered an oral employment contract.
Thus, an oral agreement is legally binding, just as the written one.
2. Written Employment Contract
A written employment contract legally documents the employment agreement details and is signed by the employee and employer.
It is the most common format because it clarifies agreements between parties.
3. At-Will Employment Contract
This contract includes both employer and employee engaging in the employment relationship and can leave it anytime.
The will contains several conditions such as regular employment contracts but does not specify employment rights.
4. Temporary Employment Contract
It is mainly used for short-term employment relationships, specifying the start and end dates. Hence, contracting with temporary employees is majorly dependent on flexible staffing options.
Therefore, the legal agreement is between the individual and employer or within an employer or staffing company.
5. Union Contract
The contracts align the workers with certain trades that unite to enhance their common interests.
Similarly, the members of the union can also be union staff or from any government organization. Thus, their employment is secured by a contract.
6. Fixed Term Contract
A fixed-term contract extends when someone works for a specified duration until the project completion.
Thus, fixed-term contracts often provide the same protection that regular employees receive. Once the contract expires, it can be terminated, renewed, or extended.
What Is An Implied Contract In Employment?
In an implied contract includes terms and conditions like the oral contract. It appears when an agreement specifies a promotional clause, and regulations appear later in a work-related handbook.
These contracts can also originate from previous actions on the part of the employer, such as based on the statement made.
Thus, during a performance or interview review, the representative or employer might state something that directly implies the employee’s promotion or about a certain position.
Moreover, in most situations, legally binding is an implied contract that might be hard to prove if there are any disputes.
Employment Contract Is Essential For Employee And Employer
Thus, having a contract of employment offers different benefits, which serve as a valuable tool and legal agreement between an employer and employee.
The legal binding further ensures a harmonious and successful employment relationship.
With every specification of procedures and policies from the start date to dropping registration, from unfair dismissal to discrimination, the contract has it all.