contract of employment


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Related to contract of employment: Termination of employment

contract of employment

an agreement whereby a worker undertakes to work for an employer in return for a wage or salary. In the UK most workers are entitled to a written statement of the main elements of the contract, such as rates of pay, hours of work, and notice requirements. These are referred to as the terms and conditions of employment. It is usual for a brief JOB DESCRIPTION to be included in this statement. However, this document is not necessarily the full contract: the requirements stipulated in a separate company rule book and any agreements reached through COLLECTIVE BARGAINING also form part of the contract. Legally, this is encapsulated in a distinction between ‘express terms’ and ‘implied terms’: the former are explicitly part of the contract document signed by the employee whilst the latter are the other elements of the contract that are not explicitly agreed between employer and employee but which are nevertheless held to form part of the agreement in law.

The contract provides rights and imposes obligations on each party to it. The employer has the broad right to direct the work of the employee: what to do and how to do it. If the employee fails to carry out their allotted duties satisfactorily the employer can terminate the contract. However, the employer must have a valid reason for sacking the employee and must have carried out the termination in accordance with an acceptable DISCIPLINARY PROCEDURE. If the employee feels that they have been dismissed unfairly or that proper procedures have not been observed, they may take an UNFAIR DISMISSAL case (for reinstatement or compensation) to an EMPLOYMENT TRIBUNAL. See PRINCIPAL-AGENT THEORY.

References in periodicals archive ?
Nevertheless, it is important for both employers and employees to study its provisions before signing a contract of employment -- and both would also benefit from more education and awareness of labor rights throughout the employment system.
Where the business has to be unexpectedly closed due to the weather the general rule is that if an employee is ready, willing and able to work they are entitled to be paid in accordance with their contract of employment.
Have the contract of employment checked over, preferably by someone with legal expertise.
Dos and don'ts for drawing up a contract of employment
Plaintiff sued, asserting that ACH breached her contract of employment by failing to follow the procedures set out in its handbook.
But as an agency or temporary worker you could have no contract of employment and as such, no right to unfair dismissal.
It is usual practice for an employer to include provisions relating to confidential information in your contract of employment.
"Workers may be expected to travel to suit each new job, but this is usually clearly specified in their contract of employment.
ISN'T it about time your excellent Sunday newspaper severed the contract of employment of your so-called reporter Roger Skidmore!!
In a judgement handed down by the European Court of Justice on January 27 (Case C-190/ Volker Graf v Filzmoser Maschinenbau GmbH 98), Austrian legislation which excludes the payment of compensation when an employee terminates a contract of employment, does not infringe the Community principle of freedom of movement for workers.
Employers also should warn all supervisors that their statements can be construed to imply a contract of employment and direct them to avoid such comments in employment interviews and other situations.
Jet Aviation), Judge Nicholas Politan ruled: "If the plaintiff seeks to rely on provisions in the employee handbook as the course of an implied contract of employment, then he must accept that agreement as a whole...In short, the plaintiff must accept his obligations along with his rights, as in any agreement."