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Contracts of Employment and Types of Employment Contract

26th March 2012
By Scotlawman in Legal
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Employment contract is also called the employment document that regulates the employment relationship between employer and employee. It is the right of every citizen to get job without any discrimination on the basis of age, sex, and creed. Employment agreement can be oral or in written form. However it is essential that there must a written employment agreement between employer and employee.

It is the legal and primary duty of the employer to provide the employee written statement of employment if there is no written employment agreement between them. The tribunal, court prefers the written employment agreement.

The employment agreement is made when there is:

* Valid offer of the job from the employer;
* Acceptance from the employee;
* Consideration;
* Intention to create legal relationship;
* And for lawful purpose.

Employment agreement explains and defines the rights and liabilities of the employer and employee. Employer can ask and enforce the employee to work more than 48 hours in a week. It is unlawful to dismiss the employee on basis of his refusal for working more than 48 hours in a week. Employee has a right to chose opt out 48 hours working limit if he likes to work more than 48 hours in a week.

Employment law must describe the nature of job of the employee whether it is contractual or permanent. Employer cannot waive the statutory rights and entitlements of the employee. Employee is entitles to avail statutory rights whether the agreement is oral or in written form. Written employment agreement must follow the statutory entitlements of the employee.

Employees are entitled to minimum of 5.6 weeks paid annual leave. Employer can give the benefits to employee more than his statutory entitlements.

There are different rates of NMW for different situation. The current rates (from 1 October 2011) are:

* 6.08 - the main rate for workers aged 21 and over ;
* 4.98 - the 18-20 rate;
* 3.68 - the 16-17 rate for workers above school leaving age but under 18;
* 2.60 - the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprenticeship.

Employment agreement can be terminated in number of ways:

* Expiry of the term
* Completion of the task
* Breach of the contract
* Dismissal
* by mutual consent
* By operation of law etc

Employer can also implement the employment policies in order to achieve the organisation goal. It is the duty of the employer to tell the new employee about the workplace policies so that he fulfils the provisions of employment policies in letter and spirit.

Employee must read and understand the each provision of the employment agreement. Because once it signed it becomes the legal document. Employee has the right to tell the employment tribunal in case of breach of any term of the employment agreement.

Employment agreement must never be changed without first consulting the employee. Employment agreement must tell about place of work, job description, disciplinary and grievance procedure, termination notice, intellectual property rights, leaves, payment etc.

Net Lawman provides following employment contracts. Such as:

Employment contract: standard

This employment contract is suitable for all junior and middleranking staff in any type and size of business.

Employment contract: senior standard

This is a comprehensive employment contract for senior staff. It is also suitable for staff who are likely to become senior in the short-term. It contains extensive provision for protection of your business, particularly intellectual property.

Employment contract part time standard

This comprehensive contract of employment is suitable for any part time employee. You negotiate the hours to be worked and simply edit the document by following the guidance notes provided. You may decide the employee works two hours per fortnight or 30 hours per week.

Paul Johns is working for Net Lawman(SC). Providing best quality online legal documents, legal agreements, legal advice , contracts of employment and confidentiality agreement.
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