Business law report kamaran - Essay Example

Rarely do individuals have sufficient bargaining power of their own. Once the terms of employment start rolling, the contractual obligations of the employee are widened by standard terms assumed by courts and employment tribunals to be implied in all employment contracts. By definition, employment contract is the accord between an employer and employee which helps to facilitate smooth relations between the two parties. The contract of employment ought to have specific contents failure to which it might be declared null and void.

More often than not, an employment contract must contain: the names of employer and employee; the date when employment began; the scale, rate, and method of calculating remuneration; the pay intervals; pensions scheme details; terms and conditions of hours of work; sickness and incapacity details and entitlements; holiday entitlements; notice entitlement; the expected place of work and address of the employers; job title or brief description of the work; any collective agreements affecting the employment; any grievance and disciplinary rules applicable to the employee; and details of any work abroad lasting more than one month.

The employee must be notified of there are changes on the provisions mentioned as soon as they are enacted (Vettori 2007). Companies ought to afford a legal environment that provides managers and directors with maximum protection. Today’s managers and directors are exposed to greater liabilities than insurance coverage alone can address. A manager or director ought to ensure that an organization, which is the, employer, complies with various legal tasks to its employees. These responsibilities include: paying wages; deducting wages on behalf of the government; providing paid time off for holidays; creating a conducive working environment that is devoid of discrimination and harassment; and providing a safe workplace.

Managers or directors who do not carry out the duties as expected by law may be held accountable. In the corporate world, everything that managers and directors do is open to criticism mainly by those people their actions and decisions as being negative. Corporate governance often requires managers and directors to balance the competing interests of various company constituents. Therefore, managers and directors are required to conform to the duty of obedience; whereby, their own conduct and the corporation’s activities are applicable to specific statutes and the corporate charter.

As a result, managers and directors are liable if they cause a corporate decision that is considered to be illegal. Nevertheless, the business judgment rule protects managers and directors who make knowledgeable and unbiased business decisions without any form of ill will. However, this rule does not apply at all a judgment has yet to be issued. This is often the case when the manager or director fails to act (Holland 2013). In the United Kingdom, the exchange of goods and services is governed by contract law.

Therefore, problems that are related to interpreting, assenting, and use of contracts in international transactions may be harmful to the proper running of the internal market. The conduct of business in the United Kingdom is governed by the European law which deals with the conduct and relations between nation-states and international organizations, as well as some of their relations with persons (Pace 2011). Unlike domestic law, European law generally cannot be enforced. Consequently, European courts do not have