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Employment Law: Case Study - Essay Example

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Employment as such is a need for the worker for his livelihood as well for putting his abilities to the best use. Similarly, a company requires able people to carry on with the business in the best possible manner. Therefore, the relationship between the two parties is of mutual benefit and for the relationship to work, both parties have to agree to certain terms of agreements…
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Employment Law: Case Study
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Download file to see previous pages If all goes well and the individual is found suitable, the company makes an offer of employment explaining some of the requisite details. The worker is then supposed to go through the details and agree to it, before joining the work in the company. At times, it so happens that both the concerned parties agree to some kind of informal arrangement in the beginning, which needs to be formalised in due course. But it is worthwhile here to mention that the successful implementation of the 'agreed upon' terms and conditions in such a scenario depends totally upon the 'faith' that both the concerned parties have on each other. Such a faith generally arises when both parties know each other well, understand each other, respect each other's strengths and sentiments. It is generally observed that, in such cases, concerned parties never try to undermine the position and efforts of each other. Sometimes, it so happens that the company bosses are able to 'read' the eagerness on the part of the individual to lap up the opportunity at any cost. Under such circumstances, companies start exploiting the individual and the situation to the fullest advantage of the company and often to the disadvantage of the individual. Such circumstances often lead to unsavoury situations and litigations hanging on for years together. But under such situations, how the Employment Law comes to the rescue of the individual depend upon a number of factors and merits of the case.
The case of Julia
Julia saw an opportunity in finding a quantum jump from the post of a sales rep to a management position with a motor car and bonuses. After successfully going through the selection process, she was offered the position with the strings attached that she will have to manage 8 other sales reps. Though there were quite a few things in the advertisement, but the offer, it appears was a verbal one, to which Julia readily agreed. This is where the legal aspect appears somewhat weaker in the case.
If we take an independent perspective of the total scenario, this case appears to be slightly different from an ideal one. Here both parties do not seem to have an intimacy to the extent of generating mutual admiration and faith on each other. The company having recruited Julia at a senior position, ideally should have handed over the 'contract of employment' prior to her joining the company, without her asking for it. Julia on her part could have gently enquired about the document and waited for couple of days more for it to be delivered to her before joining. It seems the company offered her the job and related privileges provided she agrees to line manage 8 other sales reps. And the company agreed to give her the bonus 'only' if she proved to be motivational enough for her team and the team in turn is able to deliver the results, by meeting the target sales and generating enough cash for the company. Besides the team of Julia, there are other workers as well working for Silkos. Based on the combined performances of all these workers, fate of Silkos is being decided.
It is quite apparent that Julia received the agreement papers well after the stipulated time period, but the moot point is, Julia chose not to raise the issue at that time and is thinking to sue the company after 2 years, that too when the company itself is in trouble. She did not see ...Download file to see next pagesRead More
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