Employment law is also called as labour law. Employment law administers the rights and duties between employers and employees. As an employee, you are subject certain basic ights like:
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Question: Forming and negotiating an employment contract requires skill and care by the organisation's representative and a good understanding of the law; without appropriate skill, care and understanding of the law legal difficulties may later arise for the organisation. Discuss with reference to case law and legislation.
Answer: ( Please note that, this is just a part of the answer and not the entire answer.)
An employment contract can be defined as an agreement between an employer and an employee. Fossum (2014) says that an employer is a person in need of service, and an employee is a person who provides services for payment. Normally, an employment contract has been understood by many people to be a legal document showing the rights and duties of the employer and those of the employee. However, the process by which those terms and conditions highlighted in the document of the contract are reached upon requires knowledge.
This paper is going to provide brief information on how having skills, care, and knowledge of law impacts much on forming and negotiating an employment contract. It is also going to look at how common law has impacted on employment relationship. The following are the key issues to note.
An employment contract needs to be flexible in terms of salary increase or decrease. It is very hard to determine the quality of service the employee would give to the organisation and also the appropriate compensation. An employee might be bringing in new ideas that the employer considers and hopes to be beneficial to the organisation in terms of revenue generation. According to Freedland et al. (2016) the difficulties come in since you cannot quantify a service provided by an employee on a weighing scale. Therefore, its hard to determine the kind of compensation an employee requires to get. An employee must start by providing good innovative ideas to the organisation. Later on, these ideas may become obsolete if he fails to come up with new ones. This means that the service the employee would be providing would have reduced, and the revenue would have also reduced. What this means is that the salary also needs to be adjusted accordingly. Therefore, it requires skills,care, and understanding of the law to effectively form and negotiate a contract.
Employment Law is a complex subject in the field of employment and labour relations law, including:
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