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Business Law - Essay Example

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Understanding the legal implications and roles of terms in contract of employment has become highly important in regulating employer-employee relation at workplace. A legally binding employment contract, with both expressed and implied terms, will allow the employer to specify…
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Business Law

Download file to see previous pages... This paper finds that implied terms, as it has long been considered to be integral component of the structure of employment contract, plays vital role in the formation of terms and conditions that are applicable to the employment contract. The research is structured considering the doctrine of precedence and the employment relationship.
An employment contract forms to be the basis on which an employee is employed under an employer. If there is no employment contract, the employee cannot be categorized to be an employee (Bell, p. 27). The employment contract is legally binding relationship between an employer and his employee that defines the structure and contents of the relationship between each of them and it strengthens all the claims to employment tribunals and litigates legal risks and liabilities (Leighton, p. 11). Recruitment, one of the fundamental functions of HRM, is a basic step to create an employment contract and relation between employer and employee and this, if conducted effectively, can ease the procedure of forming employment contract by including relevant terms and contents in it.
The contract of employment is very similar to any other legal contract in many aspects. Generally, a contract of employment will be expressed in writing, but this not the case always as in the case of other contracts (Bell, p. 28). It is legally and strongly advisable to the employer to issue a written contract so that it will help mitigate all legal risks associated with employment and also to avoid misunderstandings between both the parties. There can be temporary of full time employment contracts as well in which contract is agreed between the parties that it will end within a specific period of time or it is of unlimited duration (Macdonald, p. 36- 37).
The contract of employment may consist of a number of terms and conditions and these can either be expressed or implied. Expressed terms are those that both the parties ...Download file to see next pagesRead More
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