The paper "Contract between the Employer and Employee" is a good example of management coursework. Human resources refer to the workforce that makes up the organization (Stone, 2008). The relationship between the employer and employee is spelt out in the contract that exists between these two parties. The contract spells out the conditions, obligations and the rights that the employer and employee have (Rees, 2009). This contract defines the terms of engagement between an employer and the employee and the success of this relationship is based on the mutual understanding of these terms (Chand, 2003).
The legal implications of a contract require that the human resource function be well vast with the labour laws and legislation that may affect these labour laws which tend to have an impact on the employment contract that the organization may draft. Thus, the aim of this paper is to explore the idea of a contract between the employer and the employee. Employer-employee contract The ever-changing world of work has necessitated the transition of labour and employee relations. This has led to the regulation of employers and employees alike (CCH Australia Ltd. , 2009).
The economic pressures of trade have led to the protection of labour and the adoption of policies that ensure a healthy compromise between the employer and employee because without regulation exploitation sets in. An employment contract just like any other contract is a contract between two parties, in this case, the employer and the employee (Latimer, 2009). The employer, in this case, is the person that provides the employment and the employee the person who exchanges his time and skills for a wage. It contains the following items Terms of employment Roles, duties, and responsibilities of the employer and employee Confidentiality regarding matters which when leaked out will be detrimental to the company such as pricing A non-compete clause which forbids employees to engage in business or interests that compete directly with the employers. Provision for termination Monthly salary plus other benefits The terms of employment include time schedules and work times.
It describes to the employees the reporting times and their work schedules. The roles and responsibilities describe what each party in the contract is supposed to do (Chand, 2003).
The employees are supposed to complete their responsibilities in a timely manner, the employer is to ensure the safety, and well being of the employee is guaranteed while in the workplace (Judge and Gennard, 2005). Confidentiality is for the employee to ensure that he does not reveal sensitive matter regarding the company to competitors such as employees and customer lists. The non-compete clause is for employees to not to engage in activities that might be deemed to be in competition with their employer. It ensures that employees conduct themselves ethically.
The provision for termination lays down the conditions for termination of employment for example inability to perform duties or low company profits (Chand, 2003). Items that do not fall here are considered to be under common law and this gives the employees rights of the inventions or ideas unless the employee was hired specifically for that purpose (Latimer, 2009). The employment contract gives employers and employees the right to reprieve if there is a breach. The compensation clause in the employment contract outlines the salary scale, retirement and other employment benefits. The employee is guaranteed of his right should the employer decide to change the employment contract.