Employment and Contract Law - Assignment Example

A promise is a form of communication that is made to assume or undertake an obligation. In certain conditions, the mere act of promising may create the obligation to keep it but just is needed to make the promise enforceable like a contract. There are several problems in the theory of contracts and various limitations. A contract can be formed only if the promisor intends to take the legal obligation. Any contract which fails to explain its legal binding is not enforceable. The main aim of contract law is to safeguard the reasonable expectations if the promise is made on the condition that the promiser has indulged the promisee to believe that it is a legal obligation. A formal legal formality involves the evidence of agreement or promise, the cautionary measure and if the promise is required to make an oral promise it should be made clear to understand the seriousness of the obligation undertaken.

The written contract documents also show formal agreements which have legal consequences. It shows the evidence of the intention of the parties, which are involved in the contract. Research in 2007 on unfair trade practices and consumers found that consumers may or may not have a link between signed contracts for the product or service and consciously entering into a contract3. Employment Law and Contract Charlie Totara of Green Island Enviro-Tours Ltd (GIETL) is planning to hire casual employees.

The rule governing individual employment agreements, over the groups of staff, falls under a specific category and is legally obliged under the Employment Relations Act 20004. The Employment Relations Act 2000 requires the agreements to be mentioned in writing and the agreement is essential for every business. Employers run the risk of getting into problems in case of disputes. The rights of employees and employers are protected by the law. If the employee is mistreated by the employee, or the employee misuses company’s properties, the agreement can be used to address the issue.

The employee relation act states nine points are significant in the individual employment agreements - 1. The name of the employee and employer 2. The description of work 3. The location 4. The time of work 5. The salary 6. The explanation of services which will be used to resolve problems 7. The payment term for holidays 8. The redundancy process 9. In case 90 day trial period is used, the statement should be included, which declares the procedure of dismissal. Individual Employment Agreement between an Employer and an Employee Individual Employment Agreement between an Employer and an Employee 1 The Parties 1.1 Individual Employment Agreement The parties to this employment agreement are 1. GIETL, the "Employer"; and 2. Insert employee's name, the "Employee". 2 The Position and the Duties 2.1 Position The Employee is being employed as a Tour guide and assistant. 2.2 Duties as set out in the job description The Employee shall perform the duties set out in the Job Description attached to this agreement. 1. Guiding tourists 2. Communicating with the tourists These duties may be modified and updated by the Employer from time to time following an agreement with the Employee.

The Employee also agrees to perform all other reasonable duties and comply with reasonable instructions issued by the Employer.