An employment contract is a written contract between the employer and employee specifying the employee’s duration of work. It may be noted, implied, or written and typically involves employees signing a long physical contract. The contract’s terms are determined by the terms reached upon when the employee declared their intention to perform their duties. It outlines the rights and obligations of both the employee and the employer.
It is crucial to study the information about what to be expecting when required to accept a written contract. Also, examine the advantages and disadvantages of the employment contract. This article will outline the various elements that comprise an employment contract to provide you with a complete understanding of what you can expect.
The purpose of employment contract
The most important reason to have an agreement to work is that it will give employment security for the employee and ensure that employers are protected from potential risks, such as reduced productivity due to inconsistency in working hours. The contracts also guarantee that all parties involved follow the rules of the business, and there will be a variety of efficient methods to resolve disputes if a need arises.
Employment contracts types
There is a variety of employment agreements. Certain of them, for instance can be described as follows :
1. Full-time contract
This is the most significant kind of contract provided to permanent employees, including all the crucial details an employment contract must contain.
2. Part-time contract
They are available to employees who work for just a few hours. They are known as part-time employees and have fewer hours than full-time employees, and generally do not receive benefits or bonuses.
People who work regularly or only when employment becomes available can sign zero-hour agreements. A zero-hour agreement states that the employer agrees to offer the job whenever it becomes available, whether in writing or verbal. The employee agrees to work the hours specified or be available to make public.
4. Contract for casual services
People employed on a temporary or seasonal basis usually get informal contracts. Employers typically specify in informal agreements that employees only get paid for the work that they have completed and that the business is not obliged to offer an exact number of shifts or hours. Additionally, these contracts could stipulate that employees aren’t obliged to work during any work hours or shifts offered.
5. Freelance contract
These contracts are available to people assigned a specific project to complete. The contracts primarily focus on the project’s specifics and shield freelancers from being liable for the timely payment of fees.
6. Union contract
Union contracts are legal contracts typically provided to employees who are national or local union members. They are usually offered to workers in specific trades that may either be directly employed by the union or be employed by a private company.
7. Fixed-term contract
Workers employed for a short period or until they have completed an assignment are granted an employment contract with a set term.
8. Contract at-will
An at-will contract is a kind of employment contract that may appear to be a contract but does not offer employees numerous advantages. At-will agreements typically outline all of the exact details as a contract would; however, they don’t stipulate the length of the employment or give specific rights. In the end, at-will agreements let employees quit their jobs at any time they wish, and employers can terminate their employment without cause, making them difficult to implement when there is a dispute.
Pros and cons of employment contracts
The benefits or cons of employing an employment contract are the following:
A. Defined obligations and perks
The employment contract outlines the job’s obligations and the benefits associated with it. Employers can utilize it to establish the expectations of employees’ performance and justify the reason for dismissing them.
B. Employers and employees are protected.
An employment agreement protects the rights of both parties. To ensure that the employee is not using sensitive information to gain personal gain, the employer may add a non-compete clause or non-disclosure clause in the employment contract. It also can prevent employees from quitting their jobs and working for a competitor’s company.
The employee and the employer know what is expected from their work relationship.
D. Legally binding
The employment contract is legally binding, and if an employee breaks the contract, there could be sanctions.
E. Attract employees
You may use the employment agreement to attract potential employees to join your company instead of the competition by offering the stability of their jobs or other favorable terms in your contract.
Cons of employment contracts
The disadvantages or pros of a contract of employment are like this:
A. Fixed terms and limited flexibility
Contracts are fixed by default and cannot be altered after they are signed and signed. This inflexibility of contracts is the most significant disadvantage since it does not consider the ever-changing situations of the workplace.
B. It is possible to bias employees with less negotiation power at the beginning.
Employment contracts are typically designed by the employer, giving the employer more authority to set their terms for linking. Potential employees are disadvantaged as they are unlikely to be able to refuse the terms of a contract to get an employment opportunity they’d like to have. This results in a highly biased power dynamic that leads to discrimination against employees in favor of the employers.
Things to consider when drafting an employment contract
When drafting the employment agreement, these points should be considered:
- Simple and straightforward English is recommended to guarantee the highest level of clarity.
- This contract must be as flexible as possible.
- Contracts shouldn’t be too influenced by one particular party.
- The most crucial clauses should be included in the contract.
Things to avoid when writing an employment contract
- Not being precise or focused on details.
- Inability to establish efficient and effective channels of communication.
- There is no specific guidance on the steps to make changes to the contract.
Therefore, it is easy for employers and employees to clearly define the rights and obligations through an employment agreement. In the current environment of the labor and service business and the changing nature of work, there is a clear necessity to shift from rigid to more flexible agreements. However there must be a balance achieved, making sure that both parties get equally benefiting by the arrangement.
1. Do you need to provide your employees with an agreement?
Your employees are entitled to an official document that meets the requirements for a written statement of employment details.
2. Who writes employment contracts?
An employee contract review is conducted by an employment attorney to examine an employment contract between an employee and employer to ensure fairness, completeness, and legal conformity. Many companies employ company lawyer to draft their contracts.
3. What happens after you have hired someone? must you provide an account of the particulars?
You must provide an agreement in writing within two months of your employee’s appointment. If your employee is working for a period of one month abroad A contract has to be signed prior to their departure from the country.