Contract Of Employment Work Samples †MyAssignmenthelp.com

Question: How Does Contract Of Employment Work? Answer: Introduction: In the modern times, the employees are appointed on the basis of employment contract. It is an instrument that prescribes all the rules and regulations that should be maintained by all the employees and they are bound by it. The relationship in between an employer and employee is regulated by this contract. All the work related matters like working hours, waging criteria, nature of the duties, provisions on leave are mentioned under this contract. However, an employer is not allowed to compel an employee to sign the contract. When the contract been signed Employment agreement is a vital instrument in Australia and the terms and conditions of the contract are mandatorily imposed on the employees. After an employee is selected for the particular post, he or she needs to come under the purview of employment contract. However, there is no particular statutory obligation regarding the contract of employment and it follows all the legal nature of a general contract. Through this instrument, an employer offers a job to the employees and the process of contract will be final if the employee accepts the employment offer. Once the contract made between the two, both will be bound by the terms and conditions of the contract. Equal rights and opportunity of the employee in the workplace have been prescribed under the instrument. Criteria: The employment agreement is made on the basis of commonlaw contract on employment. Provisions like Fair Work Act 2009 are one of the regulating provisions of the employment agreement and the main objective of the employment contract is to protect the interest of the employees. The employment contracts are providing certain levels of flexibility to the employees so that they could not be deprived of their minimum requirements. There are many provisions included under the employment contract of whom some are the fundamental requirements. According to the contract, an employee should not violate the rules of the employment and should not ill treat the other colleagues. Further, the working capacity and time schedule of the employment has been mentioned under the contract of employment. The paying process, employment status and provisions on leave and other entitlements have been mentioned under this contract. The terms of the contract will be legally imposed on the employees after he pu t his signature on it. The provisions of the contract are applicable on full time and part time employee and on the casual employees also. The terms of the contract reflects the national employment standards. Limitation of the legislation: Considering the effectiveness of the document, it can be stated that it is a vital thing that regulates the relationship in between the employers and the employees. However, there are certain limitations present regarding the employment contract that weaken the effectiveness of the contract. The disadvantages of the contract can be categorized as follows: The process of employment should be flexible in nature and therefore, certain rules should be mentioned under the contract regarding the same. However, it has been observed that many provisions of the contract are limit the flexibility of the employment and the employers and employees has to face lot of problem due to this. Certain times are mentioned under the contract regarding the continuity of job and therefore, an employee could not change the job until the period is over. This is a vital disadvantage regarding the employment contract. In many cases, it has been observed that the employment contracts are drafted in a poor way. However, once the contract becomes final, it will bind all the employees in respect of its terms. Therefore, in certain times the provisions become strict for the employees. Considering the legal nature of the contract, all the terms are mandatory and in case of any failure made on behalf of the employees, legal step will be imposed on them. Case laws: There are several cases that have revealed the advantage and disadvantage of the employment contract. Many cases are filed on the basis of employment related problems and one of the most important topics is unlawful termination. In the case of McIntyre v Special Broadcasting Services Corporation T/A SBS Corporation [2015] FWC 6768), the Court has observed that no employee will be terminated unlawfully and the terms of the employment contract should be maintained at all aspect. Conclusion: Considering the pros and cons of the employment contract it can be stated that the employment contract is very important in nature. However, the rules of the contract should be flexible enough to secure the interest of the employees. References: Freedland, Mark, et al., eds.The contract of employment. Oxford University Press, 2016. Vettori, Stella.The employment contract and the changed world of work. CRC Press, 2016. Kilpatrick, Michelle, et al. "Barriers and facilitators to participation in workplace health promotion (WHP) activities: results from a cross?sectional survey of public?sector employees in Tasmania, Australia.law"Health Promotion Journal of Australia28.3 (2017): 225-232. Markey, Raymond, Joseph McIvor, and Chris F. Wright. "Employee participation and carbon emissions reduction in Australian workplaces."The International Journal of Human Resource Management27.2 (2016): 173-191.