Analysis the case of business law - Essay Example

he employer and his/her employees is vital not only for resolving any potential employment disputes in future but for the benefit of the both parties as well. It is mandatory as per the employment law of the country which prescribes the document the sole proof for one’s employment with an employer. The law states that a contract of employment is generally referred to as a contract of service and is governed by general contractual principles as well as employment law principles and is therefore legally binding.

There are two forms in which an employment contract can come into force, namely Expressed Contract and Implied Contract. Expressed contract is always preferred as there is written document with the employer and employee as to the relationship between them. An expressed employment contract may be prepared specifically as a document for the purpose or the employment hand book may be used for the purpose. Employers usually would like to add some clauses in the written contract that protect them from the threat of employees entering into business with competitors.

Unlike expressed contract, implied contract does not contain any written/documented employment terms. Here, the terms of employment between the employee and employer is understood by implications. This form of contract is suggested for employment for which there is no need for any written contract as a base for future decision making. In this context, a point to be noticed is that unless otherwise expressed, the employees are obliged to work for the employer with due diligence and in such a context, the implied terms includes the following: As stated earlier, the contract of employment is mandatory as per law and the legislation which make it compulsory is the Employment Rights Act, 1996 (ERA) and the Act says that where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of his employment within two months of the beginning of