The Psychological Contract

The Psychological Contract
Critically evaluate the utility of the psychological contract for understanding the contemporary employment
relationship. (2500 Words) Introduction Up until the 1990's the psychological contract didn't get a lot of
research literature, whereas more recently it has become increasingly popular, and vast in both volume and
critique. It is suggested that this blossoming of research is because of fundamental changes in the workplace,
commonly referred to as the 'new deal' (Sparrow 1999). The traditional idea of having a "job for life" is no
more, people now transfer across their careers to suit themselves, and it is not uncommon to see a graduate
working in a field far from that of their study, ultimately leading to a growth in employee ... Show more content
on Helpwriting.net ...
At the two furthest ends of the spectrum MacNeil (1985) identifies the two types of contract that underpin the
employment relationship, transactional and relational. A transactional contract is a means to an end view, it
denotes an attitude of 'money comes first', working in order to get paid and receive other work benefits. They
aren't concerned with being a 'good organisational citizen' or going the extra mile to stand out. Their only
concerns are being paid and receiving their holidays. It is a contract based on fairly specifiable obligations. A
relational contract is a fairly traditional working partnership between the employee and employer. It can often
include a relationship that includes affective involvement or attachment that can commit the employer to
providing more than 'purely remunerative support to the individual with investments such as training, personal
and career development, and provision of job security' (Millward & Brewerton 2000) (Rousseau 1995) argues
that transactional and relational aspects are present in most employment contracts and that it is the length of
time that the employment is expected to last that usually identifies relational from transactional contracts, with
short term
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The Workplace Of A Worker Is Not A Matter Of Choice
TABLE OF CASES
Airfix Footwear v cope [1978] ICR 1210
Cole & Fred Stacey Ltd [1974] IRLR 73
Hall and Lorimer [1992] EWCA Civ 25
O'kelly and Others v Trusthouse Forte plc [1983] ICR 728
Ready Mixed Concrete and Minister of Pensions & National Insurance [1968] 2 QB 497
Nethermere v Gardiner [1984] IRLR 240
Walker and Crystal Palace FC [1910] 1K.B. 87
Warner Holidays Ltd and Secretary of State [1983] ICR 440
Yewins and Noakes [1880] LR 6 QB 530
TABLE OF STATUS
Employment Rights Act 1996 s 230(1)
In order to determine the answer to the question, it should first be considered the nature of contract that is
whether the waiters at Posh hotel are employees or self employed. an employment status of a worker is not a
matter of choice, it ... Show more content on Helpwriting.net ...
There are several tests and considerations to be examined beginning with the contract itself as to whether there
is a valid employment contract.
One can then apply the remaining tests: Control Test – this is a 5 Tier test (who, what, where, when and how the
work is done). The Economic Reality Test – this is a 3 tier test (consideration, control and consistency within
the contract). Further development of these tests in case law consider personal service, degree of control,
provision of own equipment, rights of substitution, financial gain or loss, investment and management and
bonuses for good work. This is a 7 tier test. Lastly, the matter of tax and National Insurance will be addressed
and considered for the purpose of statutory provisions.
Once all the tests have been applied and considered one must sit back and view the entire picture as these are
not simple checklists to determine employment status as each are given different weighted consideration. The
court will look at all the relevant facts together to make its decision as seen in Warner Holidays Ltd and
Secretary of State [1983] the need to consider balancing the features of the relationship pointing to or detracting
from employee status can be seen in Hall and Lorimer [1992]
For the purpose of this case it is to be determined if the waiters are an employee and has been unfairly
dismissed, or if they are self–employed person as Posh hotel contends and having not been unfairly dismissed.

Bus 670 Week 3 Individual Assignment Elements Of A Contract
BUS 670 Week 3 Individual Assignment Elements of a Contract A contract of employment is a type of a
contract used in labor law to attribute rights and responsibilities between parties to a contract (Blum, 2007). On
the one end stands an "employee" who is "employed" by an "employer". A written employment contract is a
document that someone and their employee sign which sets forth the terms and conditions of the employment
relationship (Tepper, 2011). Many rules, exceptions and considerations apply when dealing with employment
contracts. Suppose that the Fabulous Hotel hires you as head chef under a two–year employment contract. After
two years, another hotel wants to hire you. However, in the original employment contract you signed with the
fabulous Hotel, the following paragraph appears: "The below–signed agrees not to work as a chef for another
hotel in the same metropolitan area for a period of two years after leaving our employ." First, it is crucial to
know and understand which law governs the employment contract. According to Seaquist, contract law is
governed by the common law or the Uniform Commercial Code (UCC) (Seaquist, 2012). If the contract handles
the sales of goods, it is governed by the UCC (Seaquist, 2012). If the contract handles anything besides the sale
of goods (such as real estate, insurance, personal services like employment, etc.) then it is governed by the
common law (Seaquist, 2012). When a business or employer hires an employee to join the staff,

Unit 3 Cypw Essay
Unit 3
1.1
List the aspects of employment covered by law.
These are all covered by law so that no one is taken advantage of and also so that both Parties are covered to a
certain point and makes sure everyone is treated fairly i.e.
* Minimum wage * Hours worked (working time directive) * Discrimination * Health and safety * Holiday
entitlements * Redundancy and dismissal * Training * Disciplinary procedures * Union rights and consultation,
etc.
These apply to all Work environments. . Labour law covers the deal between employee and employer. Health
and safety laws cover the work conditions, and minimum wage and other laws set basic compensation levels 1.2
List the main features of current employment ... Show more content on Helpwriting.net ...
Part 2 sets out the learning and development requirements that all early years providers must by law deliver,
regardless of type, size or funding of the setting. The Childcare Act 2006 provides for the EYFS learning and
development requirements to include three elements: the early learning goals – the knowledge, skills and
understanding that young children should have acquired by the end of the academic year in which they reach the
age of five
the educational programmes – the matters, skills and processes which are required to be taught to young
children
the arrangements for assessing young children to ascertain their achievements. Part 3 of the guidance sets out
the detailed welfare requirements that all early years providers must meet in the following areas: safeguarding
and promoting children's welfare
suitable premises, environment and equipment
organisation
documentation. Each area includes the specific legal requirements and the statutory guidance to which providers
should have regard. Where Ofsted considers that a provider has failed to comply with any of the welfare
requirements, they may give notice to the provider setting out: in what respect the provider has failed to comply
with the requirements
what action the provider should take to comply
the period in which the provider should take that action. It is an offence for a provider to fail to comply with
such a notice.
3.3 Describe

foundation of HRM
The employment relationship is the context within which intricate interactions between employees, who may be
unionised, and employers are conducted, both collectively and individually (Kelly, 1998 cited in Rose, 2004
p.6) Potential for conflict between employee and employer interests Unequal nature of the employment contract
The ways in which the employment relationship is regulated The employment contract: Lecture aim: to examine
the inequality of the employment contract to outline the duties upon employer and employee within the
employment contract to explain the indeterminate nature of the employment contract The Contract of
Employment: A relationship of equals? The contract of employment 'exhibits an individualism which ... Show
more content on Helpwriting.net ...
"..the employment contract is indeterminate. In a commercial contract a product or service is supplied for a
price. In the labour contract, the worker sells an ability to work, which is translated into actual labour only
during the course of the working day. Expectations about standards of performance have to built up during the
process of production." (Edwards, 2003:14) Analysing the Employment Contract: The employment contract
reflects, particularly in the status of the implied terms (duties), the power relationships between employer and
employee (to the extent that it protects managerial rights) 'the actual operation of legal rights in the workplace
depends on the power, knowledge and organisation of the parties as well as on the statute book' (Edwards,
2003:15) Competing Ideologies: Perspectives at work Perspective is a term that may be used interchangeably
with frame of reference or ideology It describes a set of underpinning ideas and beliefs that informs an
individual 's assumptions about how society operates and influences their attitudes and behaviour (Blyton and
Jenkins, 2007,p.166) Perspectives at work: "how people regard the nature of different interests and the
distribution of power and control in the employment relationship" (ibid.) Pluralism Mainstream political and
industrial relations theory in 1960s and 1970s Unitary Long standing set of ideas which have regained

Employment At Will vs. Due Process Essay
In dealing with a person's livelihood, and often, sense of self, it is of no surprise that ethical issues regarding
employment practices are of great concern. The issues of employment at will and due process contracts in the
workplace are among the most widely contentious in the realm of employment. Employment at will is the
doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the
other hand, is the employment practice in which a person may appeal a decision as a means of receiving an
explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of
private corporations today and is argued for relentlessly by freedom of contract enthusiasts, ... Show more
content on Helpwriting.net ...
However, this is not to say that due process does not include duties on the part of the employee. Employees
must follow all business practices that align with their job and their position with the corporation. Breach of
contract and their duties to their employer can still result in dismissal from their post. Due process is the ethical
means by which ending employment contracts is best administered. It allows for repercussions for unfair firing
practices on the part of the employer, who in all actuality, carries the power in the relationship. Due process
allows for an appeal when an employee believes they were terminated without or with bad cause. In essence it
polices the employer to act ethically in situations where a person's wealth and career are at stake. At will
contracts in the business world are often defended on the basis that they are equally beneficial to the employer
and employee. This is quite obviously not the case in modern business and economic conditions. It is stated by
Richard Epstein in "In Defense of the Contract at Will" that if a person enters into a disastrous and one–sided
contract that they are free to exit the contract and pursue other means of employment.3 This is hardly the case,
however, as when a person has a family, and of course themselves, to support leaving a disastrous situation is
not always

Essay about Understand Employment Rights and Responsibilites
Understand employment responsibilities and rights in health, social care or children's and young people's
settings. Task A– Short Answer Questions Ai) Imagine you are a newly appointed supervisor/manager within
your service. You need to update your staff handbook to reflect current employment law. Identify three different
sources of information you could use to enable you to do this. (3 marks) * The Government website
www.gov.uk is one source of information that could be used. It has information on many things including
benefits, working, jobs and pensions. This website has an entire section dedicated to "employing people" and
gives information about statutory rights for employees regarding all aspects of employment including: ... Show
It goes on to say that due to the evolving nature and changing demand of the business I must understand that the
description is to be seen as a guide only which gives an example of the sorts of jobs I am expected to undertake.
My duties may vary from time to time and I may be required to work in any department of the company in order
to meet the needs of the business. It states that I am required to work whatever hours the business needs, up to a
maximum of 46 hours per week. The contract also includes my holiday entitlement and includes my statutory
right under the Working Time Regulations 1998. It says the holiday year runs from 1st April to 31st March and a
full year paid holiday entitlement allowance is 28 days for a full time employee or pro–rata for those doing less
than 40 hours over 5 days per week. Bank holidays are mandate and deducted from this allowance. It explains
how individual preferences for holidays will be met as much as possible but the needs of the business may need
to take precedence. The contract of employment also states that it will pay Statutory Sick Pay (SSP) as long as I
have complied with all the statutory rules, and that it may pay sick pay in addition to SSP at its entire discretion.
If my absence lasts less than 4 calendar days then I would be required to report to my manager on my

Employment at Will Essay
Employment at Will When we are dealing with the employment relationship between employers and employees,
ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics
will follow this employer's behavior. In Patricia Werhane's paper, "Employment at Will and Due Process",
discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some
justifications and objections for EAW, and shows Werhane's supportive view to Due Process. In contrast, EAW
is defended by Richard Epstein in his article "In Defense of the Contract at Will". In my paper, I will attempt to
develop my argument in favor of Employment at Will that could improve flexibility and efficiency of ... Show
On the contrary, employment at will is defended by Richard Epstein in his article "In Defense of the Contract at
Will". He is trying to show that the contract at will "is adopted not because it allows the employer to exploit the
employee, but rather because over a very broad range of circumstances it works to the mutual benefit of both
parties." Then I will summarize the benefits of EAW that Epstein provides. The first benefit is the fairness of the
contract at will. Epstein concludes that the freedom of contract is an end in itself and so an aspect of individual
liberty. While employers own capital, employees own labor. Therefore, they are free to exchange their
properties when they see appropriate. Moreover, Epstein criticizes the excess government intervention
undermines the freedom of both parties. Thus, EAW can reduce the use of force or fraud in taking advantages
during negotiations since either party can cease the relation. Second benefit is utility of the contract at will. In
order to rebut banning on the contract at will, Epstein argues individuals know how to govern their own lives.
They enter into an "at–will" contract voluntarily according to their self–interest. Then Epstein develops four
arguments to show why "at–will" contracts are mutually beneficial. (⮠) Monitoring Behavior. It indicates that it

Nvq 2 Essay
Task B Your work role * Bi – Describe the terms and condition of your employment as set out in your contract
of employment or employment agreement.
JOB DESCRIPTION AND STATEMENT OF WHAT EMPLOYER'S EXPECT ON THEIR STAFF. MUST BE
READ BY THE STAFF AND FOLLOW THE POLICY AND PROCEDURE OF THE HOME. TO ATTEND
ALL THE TRAININGS NECCESSARY FOR THE JOB * Bii – Describe the information which needs to be
shown on your pay slip/statement TAXCODE, JOB TITLE, EMPLOYEES NAME, EMPLOYER'S NAME,
DATE * Biii – Identify two changes to personal information which you must report to your employer
ADDRESS – To know where to find me in case of emergency
CONTACT NUMBER – so the employer can get in touch with the employee * Biv – Describe the ... Show
Jonathan, A professional nurse, is a father of an 18–month daughter, was sentenced to jail for 18 months for the
act he has done.
It was the daughter of the patient who hid a video camera in her mother's room to monitor all the acts that
happens inside the room due a suspicion of her mother having too many bruises in her body.
The video gone viral to the public and internet, though it was said to be a controversial issue because the care
home or most of the care homes don't allow any camera recorder to be put on the facility without their consent
as it may affect the privacy and confidentially of the care home.
On the video, the nurse was caught slapping the patient 4 times in the abdomen, pushing and pulling the patient
recklessly, and then slapping the resident in her face to finish the work.
His actions were unexplainable to the relatives of the patient and unacceptable in care industry as this
controversy raised issues and concerns about the care/nursing homes on how they treat the residents and this
only put doubts and worries on the patient's relatives about the work being done in a care/nursing home.
Understand employment

Employment Responsibilities and Rights in Health Social...
Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and Children and Young
People's Settings Workbook
People's Settings Workbook Contents
Modules Topic Contracts of employment Anti–discrimination Age discrimination Statutory rights and
responsibilities Disability discrimination Working hours, rest breaks and holiday entitlement
Maternity/Paternity, parental and adoption leave Absence and sickness Data protection and access to personal
information Health and safety Contracts of employment Anti–discrimination Procedures and documentation
within your organisation Working hours and holiday entitlements Sickness ... Show more content on
Helpwriting.net ...
Below is an example of a journal entry:
Your reflective learning journal entry should include:      The description of the event that took place;
What you have learned; How it has affected your job role; Short term implications to you or your job role and
Long term implications to you or your job role.
Creating a new journal entry 1. 2. Click on the button on the navigation menu.
Under the Actions Menu click on New Journal.
Page | 4
People's Settings Workbook
The 'My Learning Journal' is very much like sending a message, you have: a subject line, content section and
can attach a file or multiple files. 3. 4. 5. Type in the subject for your 'My Learning Journal' entry; In the content
section, enter your main journal entry; Attach any reference files by clicking the browse button and selecting the
files from your computer.
Your journal entry should look like the example listed below:
6.
Click the post button once you have checked the contents and your entry will be added to your 'My Learning
Journal'.
Page | 5
Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and

Laura Ashley Holdings Plc
Laura Ashley Holdings plc: The Battle for Survival The principal activities of the Laura Ashley Holding Group
are the design, manufacturing, sourcing, distribution and sale of clothing, accessories and home furnishings. The
Group acts through tow divisions: Retail, which reflects sales through Laura Ashley managed stores, Mail Order
and Internet, and Non–retail, which includes licensing, and franchising, although the retail sector represents the
bigger one. The company operates in the UK, Ireland and Continental Europe and to some extent in the US
market. Although the former CEOs of Laura Ashley Holdings plc have conducted several cost cutting and
restructuring strategies, Ng Kwan Cheong, who took over as chief executive of Laura Ashley ... Show more
This market may provide quite a lot of potentials and profit for the company, but it has suffered a lot in
exploiting the market efficiently. Moreover, the closure of small retail shops, the opening of larger shops and the
closure of inefficient large shops may not only provoke increasing costs but also makes employees afraid of
losing their jobs, which creates an overall bad reputation of the company and thus an possible reduction of sales.
Another matter that should be analyzed and improved is the supply chain. Solution to the mentioned problems
The company should conduct a consumer survey among its key/traditional/principal/loyal customers to meet
their needs. It should focus on their core competences, which is the design, manufacturing and retail of
traditional clothes, accessories and home furnishings and franchising and licensing. Thus they are able to
formulate a mission which signals a clear and straight message towards traditional design. In this way the loyal
customers but also new customers may have more trust in the product and (continue) buying from the company,
which would provoke an increase in sales. Maybe it would be wise to outsource some of the clothing
manufacturing to a subcontracting firm to save costs but to keep control over this subcontracting firm.
Furthermore, an orientation towards the traditional AND the youth/modern market, in this way a diversification
through an expansion towards a new market (the youth market), would be

Contractual Precedent Within Employment Law
Contractual Precedent within Employment Law Contractual Precedent Regarding General Employment For a
contract to be legally binding, agreements between two parties or more is necessary. For a contract to be valid
certain elements must take place, these include the terms offer, acceptance, consideration and intention. Within
employment it is vital that employers have contracts intact between them and their employees. The party
making the offer are known as the offeror and the party who the offer has been made to is known as the offeree.
Once a contract is made and it's established as being valid, damages can be claimed for if there has been a
breach in the contract. There are a number of elements that need to be in place in order for a contract to be valid.
Where the element of offer comes into action is when an individual expresses an action to enter an agreement
with another party on the basis on certain principles and elements. Where an employment circumstance is
concerned, an offer would be proposed by an employer however in certain situations an offer could be placed
forward by an employee. Amid this period it's likely that another offer would be made by one of the parties
involved. At this time additional terms would be discussed and evaluated among the parties involved. Once a
new offer is placed the original offer would be cancelled. Acceptance is another vital part of the contract. It is
essential that acceptance is the unconditional acceptance of all the elements

Employee Orientation Form I-9
Every organization is enforced to complete and retain Employment Eligibility Verification for every employee
they hire in the United States, with the exception of four important factors. The first is if the organization hired
an employee on or before November 6, 1986 and still employs that person. In that case, the organization is not
required to complete the Form I–9 for that employee. This is due to the fact the Form I–9 initially appeared on
November 6, 1986. The second exception concerning who is not required to complete the Form I–9 are workers
hired for casual domestic services in private homes on an irregular basis. Casual domestic services refers to
individuals such as babysitters, handyman, or cleaning person. The third exception to

1. Discuss The Major Changes That Have Occurred In The
1. DISCUSS THE MAJOR CHANGES THAT HAVE OCCURRED IN THE LAST 30 YEARS AND
EXPLAIN HOW THIS HAS "CREATED" THE NEED FOR CREWING AGENCIES.
The maritime transport industry has gone through tremendous changes in the last fifty years. New technologies
have been introduced to improve operational and management efficiencies while globalization has given rise to
a competitive business environment in the face of 4 th IAMU General Assembly growing demands for maritime
transport. The contemporary maritime industry, in spite of a clear trend of consolidation and co–operation
among firms, remain highly competitive.
Customer service has become a matter of pervasive focus for firms in the industry while specialization, with
respect to service and ... Show more content on Helpwriting.net ...
Therefore for ship owners to survive in this era of declining trend in freight rate and the strict requirements of
international conventions on safety, attention must be turned towards developing countries for cheap but
qualified and experienced seafarers by assisting in the provisions of training facilities and equipments to meet
the STCW 95 standard requirement for manpower capacity development to meet the international maritime
labor demand. crewing agencies help shipping companies to meet the global demand of qualified skilled
manpower supply according to the international standards enforced by maritime organizations and flag state
control of different countries.
The important function of crewing agents are out lined below:
Provide seafarers orientation on recruitment policies and procedures, terms and conditions of employment and
other relevant information. Ensure that any seafarer recruited or deployed by them is qualified and holds the
documents necessary for the job concerned ,Ensure that contracts of employment are in accordance with any
applicable laws, regulations and collective bargaining agreements., Ensure that seafarers are informed of their
rights and duties under their contracts of employment and the articles of agreement prior to or in the process of
engagement, Ensure that proper arrangements are made for seafarers to examine their contracts of employment
and articles of agreement before and

Definition Of Zero Hours Contract
The term 'zero–hours contract' is defined in section 153 of the Small Business, Employment and Enterprise Act
2015 as; "a contract of employment or other worker's contract under which– (a) the undertaking to do or
perform work or services is an undertaking to do so conditionally on the employer making work or services
available to the worker, and (b) there is no certainty that any such work or services will be made available to the
worker." Before this however, there were various definitions that were applied in cases and government
documentation when discussing the topic of a zero–hours contract. The main recognised definition is a contract
"between an employer and a worker where the employer is not obliged to provide any minimum working hours,
and the worker is not obliged to accept any work offered." This definition is also confirmed by the definition
given in new government guidance; "one in which the employer does not guarantee the individual any hours of
work. The employer offers the individual work when it arises, and the individual can either accept the work
offered, or decide not to take up the offer of work on that occasion." (London Department for Business,
Innovations and Skills., 2015). However, the Chartered Institute of Personnel and Development gives a slightly
definition of "an agreement between two parties that one may be asked to perform work for the other but there
is no set minimum number of hours. The contract will provide what pay the individual

Employment Law
Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and
courts system in enforcing employment law. Include how cases are settled before and during formal legal
proceedings. (1.1, 1.2, 1.3)
1.1 – Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers
passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the
legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The
ordinance was written in ... Show more content on Helpwriting.net ...
Common Law has an equal footing to that of statute.
(Wikipedia 2016a)
In addition, we have European law, a major source of legislation related to employment matters for example,
treaties (applies to trading activities across the UK), Regulations, Directives (UK Legislation) and decisions,
which set precedence and legal test.
1.2 – Describe the role played by the tribunal and courts systems in enforcing employment law
The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before
them are dealt with in a fair and consistent manner. Delivering an outcome that is consistent with the facts put
before them. They have to consider the evidence placed by both the employee and the employer. In most cases it
is for the employer to prove that they handled the case appropriately taking account of their internal procedures
and ensuring that they were not in breach of any relevant employment legislation related to the employee and
their circumstances.
In the UK most employment law is considered as a civil or private law and is enforced as a result of one party
suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are
generally made by a former or existing employee or a failed job applicant and they use the courts system to
allege that their employer has in some way caused a detriment and has done this in contravention on the law.
Structure of the courts

The Impact Of Current Common Tests On Employment Law
Employment law has been criticised for impeding efficiency and competitiveness. In this essay I will assess the
problems of current common tests of employment status, mainly focusing on 'atypical' workers, and also the
impact of the development of employment law. The main objective of employment law The most important
function of employment law in the economic perspective is to determine the limitations of managerial authority
so as to protect workers against inequality in the commodification of labour. The main objective of labour law is
claimed to be a countervailing force to counteract the inequality of bargaining power which is inherent and must
be inherent in the employment relationship. Can labour standards and labour market regulation be an input into
efficiency and competitiveness? The essence of employment law inevitably affects the efficiency of a business
in a competitive market. We then need to determine in what way it affects the efficiency and competitiveness,
whether it improves productivity, labour and skills. Employment Status Common Law Tests Issues The question
of the employment status is critical in employment law. There are various different situations and circumstances
where identifying the employment status can be made tough. There are blurred boundaries between employees,
workers and independent contractors, and this can contribute to a huge problem because it is fundamental to
identify them, as the protected rights offered depends on their

A Contract Of Employment Contract
A contract of employment is a type of a contract used in labor law to attribute rights and responsibilities
between parties to a contract (Blum, 2007). On the one end stands an "employee" who is "employed" by an
"employer". A written employment contract is a document that someone and their employee sign which sets
forth the terms and conditions of the employment relationship (Tepper, 2011). Many rules, exceptions and
considerations apply when dealing with employment contracts. Suppose that the Fabulous Hotel hires you as
head chef under a two–year employment contract. After two years, another hotel wants to hire you. However, in
the original employment contract you signed with the fabulous Hotel, the following paragraph appears: "The
below–signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two
years after leaving our employ." First, it is crucial to know and understand which law governs the employment
contract. According to Seaquist, contract law is governed by the common law or the Uniform Commercial Code
(UCC) (Seaquist, 2012). If the contract handles the sales of goods, it is governed by the UCC (Seaquist, 2012).
If the contract handles anything besides the sale of goods (such as real estate, insurance, personal services like
employment, etc.) then it is governed by the common law (Seaquist, 2012). When a business or employer hires
an employee to join the staff, the employee enters into a contract that is governed by the

Employee Violations In Employment Law
The Employment law regulates the relationship between the employer and employee so they can engage in fair
and ethical employment practices. It is especially important for employers to know and refer to employment law
in the context of employment. This is because the courts are more likely to protect employees from unfair
treatments as they generally believe employees are in weaker bargaining position than their employer. I. What
employment violations has the employer committed, if any? According to the case, Sally found out her
employer unilaterally changed her job without providing reasonable notice of the change. In Canada, employers
generally have the right to make changes to the terms of employment if it is reasonably necessary and
employees have the right to be notified and consulted before any changes were imposed. In other words, one
party cannot impose a change to the terms of contract without first notifying and securing the consent of the
other party (Yates, ... Show more content on Helpwriting.net ...
Can Sally sue for damages? If Sally can sue for damages, what might the court consider when assessing
damages? According to Yates (2013), when an employer demotes or makes unilateral changes to the nature of
employment, this constitutes a constructive dismissal. This proves that Sally was constructively dismissed.
Therefore, she can treat the contract as wrongfully terminated and sue for wrongful dismissal. In considering
Sally's case, the court would apply the same test they have established in 2015 to determine a constructive
dismissal for the case of Potter v. New Brunswick Legal Aid Services Commission (2015 SCC 10 (CanLII)) : a)
Extent of the unilateral change: Whether the employer breached an express or implied term of the employment
contract in a way that substantially altered the essential terms of the contract; or b) Intention: The employer's
conduct would lead a reasonable person in the same situation to conclude that the employer no longer intended
to bound by employment

Casefile Method
MEMORANDUM 03.01.2010 TO: FROM: RE: Daphne Matthews Alex Associate – 4667 Memo Assignment 1:
Who Does the Pastry?
I.
Introduction Collins was hired as Head Chef at the Marrimount Hotel and believed that this job came with the
inherent authority to choose his assistant chefs, even though nothing of this was mentioned in the contract for
employment. Therefore, when Crest, owner of the Marrimount, attempted to determine Collins 's assistants,
Collins quit his job and went to work for the Treadwell Center. The contract It may actually be good for Collins
to argue that there was no contract between himself and Crest. First, there was no detailed employment
agreement, just a letter signifying the contract terms. The letter referred to ... Show more content on
Helpwriting.net ...
Stein is definitely associating Collins's role as more managerial than Crest is claiming he had. Further, Collins
was able to hire his own dessert chef without interference, creating a presumption that the hiring of his team was
within his authority. More logically, this is a big hotel that was seeking Collins out because he was known for
preparing gourmet meals for large groups. A Head Chef is more than a cook. They are in charge of the dining
room, carefully selecting staff that can help prepare these large meals that would not be possible to create with
just one person. This was a managerial or executive position as much as it was a cooking one. Crest was not just
looking for a cook when they hired Collins; they were looking for a Head Chef. By taking away Collins's ability
to hire and fire his "team" they materially breached the contract to employ Collins as the Head Chef. A court
will likely find such an argument persuasive and deem that Crest materially breached the contract first. ii.
Reduction in duties or rank is a breach of contract Collins will want to argue that this case is analogous to
Rudman v. Cowles Communications, Inc., which is controlling authority in New York. In Rudman, an editor
was hired to manage and oversee the publication of his series of books. The employer then began changing
Rudman's books without approval and took away his managerial role and oversight. The court found a breach of
contract and explained, If an employee...is

Written or Oral Contracts
Employment is a relationship between an employers and employees. This relationship is extremely important, as
it becomes a part of our daily life. Aside of being a professional relationship, in many cases it becomes a
personal and expressive one. In today 's work place, if the conditions of employment are excellent, and the
employees are treated with fairly, it is more likely that they will be pleased, and their productivity will increase.
However if the environments in the work place are poor or not suitable, we will have the total opposite results.
To avoid any complications or misunderstandings between employers and employees, this relationship is
governed by rules and laws. The basis of these rules is the ESA (Employment ... Show more content on
Helpwriting.net ...
During the application and interview stage, the management is able to ask potential employees to provide them
with information of any health problems. The management can inquire of any reason that might prevent an
employee to perform his/her duties. If the employer would like to go into medical testing, they should wait until
the decision to hire the person is made. Testing should only be performed in direct relevance to the job
performance. Hiring the employer is now ready to offer the successful candidate a position with the
organization. Both employer and employee should set out the standards of their employment relationship.
Before the new employee starts, the employer should set the specific duties that can help to enforce variable
issues in the relationship. Before an employer hires an employee they should keep in mind the potential
minefields that can be avoided. When hiring a new employee you must make sure that the new employee does
not have an existing employment contract with his/her current employer. This will help ensure that you will not
be liable for any legal action against you for inducting breach of contract. In cases where an inducing breach of
contract occurs, the former employer will have to prove that the current employer acted deceitfully or in bad
faith. The current employee must have a valid argument against the claim. The current employer will have a
defense if they can prove that by hiring the new employee

Err Task B Essay
Task B – Your work role Bi) Describe the terms and conditions of your employment as set out in your contract
of employment or employment arrangement. The terms and conditions of my own contract of employment, and
the terms that my manager and I agreed on are written on my contract. These terms and conditions include that I
must be honest in all areas of my work, follow the dress code, obey rules and get along with others. In my
contract it states that I must be honest, and this includes being honest about any activity that has happened and
any information I get told by another parent, carer or colleague. I must also follow the dress code and this is so
that I look smart and all the staff looks the same and make a good representation of ... Show more content on
Helpwriting.net ...
If I did not agree with the comments made by the manager, I could write a letter to appeal against them and then
I would have to send this letter to my area manager, head office or HR. Bvi) Explain how your role contributes
to the overall delivery of the service provided. As a trainee nursery assistant, my role is to help to monitor the
wellbeing of children, make sure they have appropriate play equipment, aware of the health and safety policy
within work. Some things I wouldn't be involved in as aspects such as finances, building upkeep and waiting
lists. In my role, I am required to do regular observations of the child to help track their development
progression, I am also required to take part in parent's evenings to talk and explain to the parents how their
children are getting on and progressing. I am also required to play a big part in caring for the children in ways
that are educational as well as being fun for them. I also take a part in making sure they get physical exercise
and meet their nutritional needs. Bvii) Explain how you could influence the quality of the service provided. By
following good practise I proved appropriate care, and I fi didn't individuals would suffer. Communication is
very important when working with young children as they need to be able to understand simple instructions and
want to be able to listen and communicate back to you. Communication does not involve just speaking but also
listening,

Difference Between Contract Of Service And Service
For some people, there is no difference between a contract of service and a contract for services, as long as they
are employed. But, in essence, there is a difference between the two. A contract of service is a contract whereby
a person engaged in a service employer is engaged in a contract, as well as a contract and the work of the
employer to indicate that the work and contract for services to be completed is defined as a contractual
arrangement, person agrees to provide to another person's employer or employee. The person providing the
service is an independent contractor. Independent self–employed persons provide their skills, tools and human
resources independently, and do not work on the other person without supervision. It is said that a contract for
services has been signed. Contrary to a contract of service as a labor contract, the contract for services is a
commercial contract. The apparent distinction between the "contract of service" and the "contract for services":
the "self–employed" or the self–employed person who provides or provides the service fee or service fee is
based on the contract for service. He is not a single person as a freelance Recipient customer / customer, but for
multiple recipient customers / customers. According to another specific wage / payee who perform a specific
job, it ... Show more content on Helpwriting.net ...
The relationship between it in its initial stage, it is the act of submission, in the operation it is subordinate to the
condition but the submission and subordination may be called "contract of employment" legal thought
indispensable meaning concealed, labor law. The main goal is that the anti–subsidy force that is always against
the power of bargaining power is inherently inherent and must be inherent in the employment

NVQ ERR WORKBOOK
Business Skills Apprenticeship Frameworks: Business & Administration Contact Centre Customer Service
Marketing & Communication Sales & Telesales Team Leading & Management Induction (ERR) Workbook
December 2010 CfA 6 Graphite Square Vauxhall Walk London SE11 5EE info@cfa.uk.com Tel: 020 7091 9620
Fax: 020 7091 7340 www.cfa.uk.com CONTENTS Welcome and Introduction PAGE How to use this
Workbook 4 1 Statutory Rights and Responsibilities 1.1 Contracts of Employment 1.2 Anti–Discrimination 1.3
Age Discrimination 1.4 Disability Discrimination 1.5 Working Hours, Rest Breaks and Holiday Entitlements 1.6
Maternity/Paternity, Parental and Adoption Leave 1.7 ... Show more content on Helpwriting.net ...
OVER TO YOU You will find a few questions designed to check that you know and understand aspects of ERR.
You do not need to complete the Workbook straight away, nor do you have to work through it in any particular
order. You should talk to people such as your line manager, training provider or mentor (if you have one) for
information, help and advice on some of the sections. You will also need to do some research using your staff
manual and (if available) on the Internet. ©2010 CfA PAGE 4 1. Statutory Rights and Responsibilities All
Learners need to know that employers and employees have a range of statutory responsibilities and rights under
Employment Law and that employment can be affected by other legislation as well. 1.1 Contracts of
Employment1 WHAT YOU SHOULD KNOW How an employer and employee (you) are governed by the
terms and conditions contained within a contract of employment (this may not be in writing). Employment
contracts are legally binding on both the employer and employee and serve to protect each other's rights and
responsibilities. The terms (legal parts) of the contract can be in a variety of forms, including: o

Federal Law And Government Policy
Law and government policy is instilled in order to maintain the rights of employers as well as, their employees.
There are three sections in legal framework that makes up a properly structured organization; first, there is
Home Depot, which has the right to modify employee work terms for legitimate business reasons. Second, there
is the employee, who has the right of protection from harmful business practices, and lastly, there is the
government of Canada, which balances both employee and Home Depot relations. (Dessler, Chhinzer & Cole,
2013, 27). Provincial and federal statutes impacts Home Depot in managing employment relationships because
it is HR's responsibility to ensure that organization policies align with all legislations. If ... Show more content
on Helpwriting.net ...
If there are no provincial counterparts to federal statutes than those federal statutes are also in effect
provincially. The following federal statutes apply to both federal and provincial organizations; The Canadian
Pension Plan, which provides qualifying employees with pensions on retirement and permanent disability,
applies to Home Depot. Moreover, Employment Insurance Act provides qualifying employees with income
replacement during periods of temporary unemployment. (E–Laws, 2014) Because CPP and EI are both
federally and provincially regulated, Home Depot must abide by these legislations.
The Constitutional Law
For Home Depot this includes abiding by the Charter of Rights and Freedoms. The Charter protects the
following rights of every Canadian, "Freedom of conscience and religion, freedom of thought, belief, opinion,
and expression, including freedom of the press and other media of communication, freedom of peaceful
assembly and freedom of association." (Dessler et al., 2013, 29). Even though, the regulations in the Charter are
not employment specific, Home Depot must accept the laws set forth because the laws protect rights to all
Canadian citizens. In addition, this constitutional law takes precedence over all other laws. Thus, Home Depot
must conduct their business in total compliance with the laws of the Charter. (Dessler et al., 2013, 29) This
means the Charter impacts Home Depot's code of ethics, policy, and employment contract because

Level 3 Err
CONTENTS
PAGE
Welcome and Introduction How to use this Workbook 1 Statutory Rights and Responsibilities 1.1 Contracts of
Employment 1.2 Anti–Discrimination 1.3 Age Discrimination 1.4 Disability Discrimination 1.5 Working Hours,
Rest Breaks and Holiday Entitlements 1.6 Maternity/Paternity, Parental and Adoption Leave 1.7 Absence and
Sickness 1.8 Data Protection and Access to Personal Information 1.9 Health and Safety Procedures and
Documents in your Organisation 2.1 Contracts of Employment 2.2 Anti– Discrimination 2.3 Working Hours and
Holiday Entitlement 2.4 Sickness Absence and Sick Pay 2.5 Data Protection 2.6 Health and Safety Sources of
Information and Advice 3.1 Internal Sources 3.2 External Sources About your Occupation and ... Show more
You do not need to complete the Workbook straight away, nor do you have to work through it in any particular
order. You should talk to people such as your line manager, training provider or mentor (if you have one) for
information, help and advice on some of the sections. You will also need to do some research using your staff
manual and (if available) on the Internet.
©2010 CfA
PAGE 4
1.
Statutory Rights and Responsibilities
All Learners need to know that employers and employees have a range of statutory responsibilities and rights
under Employment Law and that employment can be affected by other legislation as well. 1.1 Contracts of
Employment1
WHAT YOU SHOULD KNOW How an employer and employee (you) are governed by the terms and
conditions contained within a contract of employment (this may not be in writing). Employment contracts are
legally binding on both the employer and employee and serve to protect each other's rights and responsibilities.
The terms (legal parts) of the contract can be in a variety of forms, including: o verbally agreed o in a written
contract (or similar document) o in an employee handbook or on a company notice board o in an offer letter
from your employer o required by law, for example, your employer must pay you at least the minimum wage o
in collective agreements o implied terms A contract of employment comes into force as soon as a firm offer of
employment has been made and accepted, even

BTEC BUSINESS UNIT 16 P4 Essay
Unit 16: Human Resource Management in Business
'Managing People'
Describe how your organisation obtains the co–operation of its employees through the contract of employment
and employee involvement techniques.
Employee Co–operation
Contracts of employment
An employment contract is a written legal document that lays out binding terms and conditions of employment
between an employee and an employer. The employers in ZARA need to makw sure that their employees are
aware of what rights and responsibilities they have as workers in ZARA. This contract also includes:
The salary rate that is going to be paid to the employees.
When they will be getting their salaries
What deductions are going to be made from their salaries like income ... Show more content on Helpwriting.net
...
This has an advantage and as well as a disadvantage for the employees as they might have less work to do
compared to the other employees but they might not know when they are getting their next job. Zara uses full
time employment contracts with their staff.
Disciplinary procedures
Disciplinary procedures are a set way for an employer to deal with disciplinary issues. They should include a
disciplinary hearing where you're given a chance to explain your side of the story.
Grievance procedures
This is a problem that could occur between the employee and employer, it is a complaint that they could have
against each other for something that either of them has done wrong.
Union Membership
This is when a group of staff or workers is formed into a labor union. These unions play a big role in the firm as
they can talk about issues between each other. An example is when there is a problem with the staffs pay amount
of even the working conditions.
Codes of behavior
This is basically a set of conventional principles that are considered binding on the employer/employee. This is
mainly about what is acceptable behavior in the firm.
Employee involvement techniques
Companies might use these techniques in order to get the staff more involved in decisions being made for the
organization. This may also motivate the staff as they would feel they are also part of the firm and not just
ordinary staff working there.
Membership of work groups
Firm's

Btec Business Level 3 Unit 8 P1
In this task I will be explaining how a certain organisation or business gains the cooperation of their
employees/workers. The organisation I will be taking about is NewVIc. I will use this organisation to cover the
contracts of employment and employees involvement techniques. Contract of employment is a legal document,
which is agreed between the employer and the employee. Employees at NewVIc are given a contract of
employment that includes a statement of main terms and conditions of employment which is provided to the
new staff within the 2 months of their start. That includes their staff: Duties Responsibilities Hours of work
Lateness Salary Disciplinary procedures Grievance procedure Dismissal procedure Employee and Employer
Rights are ... Show more content on Helpwriting.net ...
For example they will employee some teachers, kitchen staff, security personals as they need them for a longer
period of time. The contract must include the name of the employee, the companies' name which is hiring the
individual, job description and the date of employment. Followed by the usual stuff such as band details,
residency details so that the fixed wage can be transferred to their bank accounts. Also employers should list the
number of hours the employee is going to work for, sick pay guidelines, disciplinary and grievance

Err Booklet Abc Essay
Bi: DESCRIBE THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT CONTRACT AS SET OUT
IN YOUR CONTRACT OF EMPLOYMENT OR EMPLOYMENT AGREEMENT My employment is
conditional to a clear CRB disclosure carried out by my employer; it is subject to the employer receiving 6
personal and professional references through a strict vetting initiative. It is essential to drive and carry valid
insurance, tax and MOT certificates including business class one insurance. Any holiday is to be requested a
minimum of one month prior to the date and is at the discretion of the manager. Sickness is to be reported as
soon as possible to ensure clients visits are reallocated in a timely fashion. I must ensure that during my
employment, my outside interests do not engage ... Show more content on Helpwriting.net ...
Failure to do so will result in disciplinary or dismissal. 2. GRIEVANCE Employers will raise any grievances
when necessary in a professional manner and employees are encouraged to raise grievances without fear at all
times. Employees and the employer follow the grievance policy at all times. 3. CONFLICT MANAGEMENT
When conflict arises CareGivers are asked to not approach the subject in front of clients and to try and resolve
calmly, if to no avail they are to seek assistance from a senior member of the team. 4. ANTI–
DISCRIMINATORY PRACTICE Employees are encouraged to work in a non–discriminatory manner and to
report any issues as soon as they arise. This is for employees, employers and clients. 5. HEALTH & SAFETY
Employees are given health and safety training before commencing work in the community and are encouraged
to report any issues immediately. 6. CONFIDENTIALITY Employees are to adhere to the confidentiality policy
at all times or they could face disciplinary action or possibly dismissal. Confidentiality is essential with clients
as it helps to build their trust although vital information should be passed on where necessary to the correct
people. 7. WHISTLEBLOWING Whistleblowing encourages and enables employees to raise serious concerns
within the company rather than overlooking a problem or 'blowing the whistle' outside. Employees are advised
to speak to their designated senior CareGiver or a member of the

Usyd Claw1001 Paper
hContents 1. Introduction 2. Relevant Facts and Relevant Issues 3. Ratio/Rationes 4. Evaluate Court's decision
5. Reach a conclusion
Introduction
The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They
are terms which are related to 'contingencies which might affect the contract of employment in this case.' This is
what 'parties intended but left unwritten in the gap of a contract.' There are five conditions by which a contract
would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give
business efficacy so no term will be implied if ... Show more content on Helpwriting.net ...
The first argument is supported from the Transport Workers Airlines Award 1988 similar to the case of
Mallinson and Scottish Australian Investment Co Ltd 'where an employee tried to recover in the New South
Wales District Courts the difference between the award rate and the lesser amount which he had been paid.'
The second argument concluded from BP Refinery Pty Ltd v Shire of Hastings is that 'it is not necessary to
imply a term in the form of c11(a) for reasonable or effective contract of employment in all circumstances.'
The third argument should be implied because that terms may be implied through custom/trade usage where
term may sometimes be implied by reason of established custom which includes established practice in the
industry. The agreement from the statute can be used in supporting the appellant's argument that the term be
imported into the contract.
Ratio/Rationes
'The ratio decidendi is termination of employment by an employer shall not be harsh, unjust or unreasonable
and termination of employment shall include termination with or without notice.' Implied terms and imported
terms will be brought into view to whether termination of the employment from the baggar handlers is
reasonable or unreasonable.
Evaluate Court's decision
The court's decision of termination of the appellants' employment was not totally reasonable enough to
terminate employment.
The Implied argument that the 'implied term of contract of employment should be rejected' as

Fasb Asc
NaviNow will pay $8 million to the four former owners of TrafficEye if revenues from the combined system
exceed $100 million over the next 3 years. NaviNow estimates this contingent payment to have a probability
adjusted present value of $4million. According to down said formula
(http://www.ey.com/Global/assets.nsf/United%20Accounting/ATG_FRD_BB1616/$file/ATG_FRD_BB1616.pdf)
the $8million is consideration transferred in the acquisition. B6.4.4.7 Factors involving a formula for
determining contingent consideration Excerpt from Accounting Standards Codification Business Combinations
– Overall Implementation Guidance and Illustrations 805–10–55–25 g. Formula for determining consideration.
The formula used to determine the contingent ... Show more content on Helpwriting.net ...
The factors are described in ASC 805–10–55–25 and are discussed below. B6.4.4.1 Continuing employment
Excerpt from Accounting Standards Codification Business Combinations – Overall Implementation Guidance
and Illustrations 805–10–55–25 If it is not clear whether an arrangement for payments to employees or selling
shareholders is part of the exchange for the acquiree or is a transaction separate from the business combination,
the acquirer should consider the following indicators: b. Continuing employment. The terms of continuing
employment by the selling shareholders who become key employees may be an indicator of the substance of a
contingent consideration arrangement. The relevant terms of continuing employment may be included in an
employment agreement, acquisition agreement, or some other document. A contingent consideration
arrangement in which the payments are automatically forfeited if employment terminates is compensation for
postcombination services. Arrangements in which the contingent payments are not affected by employment
termination may indicate that the contingent payments are additional consideration rather than compensation. In
a change from prior accounting under EITF 95–8, the guidance in ASC 805 requires that any arrangement under
which payments are forfeited if

What Is Equality And Discrimination
What is equality?
Equality is making sure that individuals or groups of individuals are treated equally and fairly. This includes
making sure that no individual is treated less favourably. Individuals should not be treated differently due to
their race, gender, age, religious views, and sexual orientation.
Equality awareness should remove discrimination in all of the areas mentioned above. Bullying, harassment or
victimization is also considered as equality and diversity issues.
What is diversity?
Diversity is the range of different things. Such as race, age, gender, religious views, sexual orientation,
community, and disability.
Karen Madcap
Karen has worked in Sligo Accountants Limited in a general clerical capacity for many years. As indicated by
you she has been under preforming and you are considering deducting her wages as a penalty for her latest poor
performance. Under the Payment of Wages Act 1991 employers can only deduct the wages of an employee due
to the following reasons:
Authorised by law; PAYE( Pay As You Earn), PRSI(Pay Related Social Insurance)
An overpaid salary
With permission from employee in writing– either in their contract of employment or a written agreement
(pension and trade union)
Today, to keep the profits of a business increasing, all employees must work to the highest of their abilities
maintaining a high standard of work. We need to organise a private disciplinary meeting to discuss the situation
with Karen. We need to outline what

The Employment Status Of An Employee
During the old days, employment status is rather straightforward. However, as days went by, with the progress
of society as well as technology, the nature of employment becomes more complex. Thus the employment status
becomes vague, and in the event of employment disputes, the employment status is evaluated by the court of
law based on the test of mutuality of obligation. The test of mutuality of obligation used in relation to the
establishment of the employment status is closely related to employment rights. Many employment rights are
highly dependent on the ability to establish the status of an employee. However there is no useful statutory
definition on 'employee'. The closest definition can be found in the Employment Right Acts 1996 (ERA 1996),
section 230(1), but it is in a form of a circular, and thus it is of little help. Therefore, it is left to the courts to
define what is an employee. Over the years, a number of tests have been developed to help the courts to make
judgement. The employment status test identifies that, the employer has an obligation to provide work for the
employee and there must be a reciprocate obligation by the employee. Failing these, a person is unlikely be
classed as an employee (Bebbington Palmer). However, the application of these tests is not always easy or
straightforward. The historical development on the tests for employee status showed that it had evolved from
one of control (Yewens v Noakes) to

Sample Resume : Employment Contract
Date: 25 May 2016 Addressed to: Teachers at St Alex Topic: Employment in South Africa Employment
contract: See appendix AAccording to Small business Encyclopedia, an employment contract is "an agreement
entered into between an employer and an employee at the time the employee is hired that outlines the exact
nature of their business relationship, specifically what compensation the employee will receive in exchange for
specific work performed. First, the advantages. An employment contract can help you attract and retain key
employees. While you can 't force employees to stay, a contract can ensure that they 'll provide reasonable
notice prior to departure––typically 60 to 90 days. Employment contracts are also useful when you 're buying or
selling a business to make sure key people don 't leave. You can offer employees a retention bonus for staying or
let them know they 'll be forfeiting a valuable severance package if they leave". The LRA (Labour Relations
Act) now requires the employer and employee to agree, draw up and sign an employement contract. This
contract is a legally binding document and must at least comply with the Basic Conditions of Employment Act.
The employer may offer better conditions of employment but not less than those stated in this act. An
employement contract must include; Employer details, Employee details, Employment details, Salary issues,
Leave details, Termination of services and any other issues deemed necessary. Russell, Y., Topper, S.,

Unit 1 Err 201
Unit 201– Outcome 1
Aspects of Employment
– Dismissal, redundancy, retirement and TUPE
– Breaches of contract
– Health and Safety
– Maternity / Paternity leave
– Holidays, sickness and compassionate leave
– Discrimination and bullying in work place
– Removal of barriers for disabled people
– Data Protection
– Discrimination during recruitment process
– Equality within the workplace, for example, working hours, pay, benefits
– How you are managed in the work place
– Entitlement to career development in the work place
Current Employment Legislation
– Equality Act 2010
– Employment Right Act 1996
– Employment Relations Act 1999
– Data Protection 1988
– Health and Safety at work Act 1974
– Health and Safety (young persons) Regulations ... Show more content on Helpwriting.net ...
Grievance procedure I would follow instructions of company hand book.
Conflict management is identifying and handling the situation in a fair sensible manner. Skills required are
effective communication, problem solving and negotiating with a focus of interest.
Anti–discriminatory practise is the main strategy in combating discrimination. It is action taken to prevent
discrimination on the grounds of gender, race, class and disability it takes into account out behaviour towards
others this is the key to combating prejudice.
Equality and diversity is treating everyone equally regardless of colour, gender, age and race. Its respecting
service users individual rights allowing them as much control over their own lives as possible.
Health and safety is identifying work place, hazards and reducing accidents.
Unit 201 Outcome 3

My role as a night care support worker contributes to the overall delivery of the service in our residential care
setting.
My main duties are to ensure residents get supper and night time medication before they retire to bed, regular
checks during the night are done to ensure they are safe and well. I also do the ironing to ensure they have clean
laundered clothes, then I ensure the house is clean and tidy by brushing the floors, mopping and dusting.
Stationary is plenty and all forms are readily available in appropriate file, MAR

Strategic It Changes, Predicted Benefits, And Opportunity...
6. HBL Strategic IT Changes, Predicted Benefits, and Opportunity Cost:
Strategic HR ideas are difficult to implement as the HBL's HR system is outdated when compared to the
relatively newly established banks within the country. HBL engaged IBM's consultants to provide them a new
system. This system was capable of functionalities including:
An employee can see his/her basic data which includes basic profile, previous performance review, annual
leave, payroll, academic and professional qualifications, vocational training and archived of achievements on
various projects employees have worked during the number of years.
The objective to implement such ERP system was to develop a skills data bank within HR department that can
make it self–sufficient for future work related resource allocations and could direct the leaders into the right way
to utilize the workforce as per their specialist skills. As per top management predictions, once implemented the
system could generate quantifiable synergies and a resultant competitive advantage over rivals. The software
could also be used for budgetary controls over recruitment costs and help to identify the short–term and long–
term employee training needs without any policy constraints HBL currently have due to its bureaucratic culture.
This way the bank could have developed the swift response to its future workforce needs and help strengthen
the long–term business sustainability in–line with its corporate objectives.
Extraction and

The On The Employment Rights Act
In 1996, The Employment Rights Act was introduced, an employee was defined therein as an individual who
works under contracts of employment, however it fails to define what is meant by a 'contract of service'. A
retrospective view of the UK indicates that there is no generic denotation of an 'employee' created through
legislative processes. It is imperative to note the court is the major determinant of the status of the parties in an
employment relationship. The court therefore put together a series of tests to regulate employment contracts
which involves an application of diverse common law tests distinguished by Simon Deakin and Gillian Morris
in 2000. The primary classes of those tests are; The control test The integration test The economic reality test
The mutuality of obligation test The multiple test This essay will critically assess the tests that separate contract
of services and contract for services and if one test is a sufficient determinant. It will also explore the
consequences of concluding that a person is an employee. Initially, the courts used a single test known as the
"control test". At this point employees were not specialized like what is obtainable today. This test emerged in
the connection with imputed negligence and it appeared to be sensible to consider the authority over employee
by an employer. Bramwell LJ said on account of Yewens v Noakes (1880) that an employee is subordinate to his
employer and takes instruction from his employer

Understand Employment Responsibilities and Rights in...
Understand employment responsibilities and rights in health, social care or children's and young people's
settings Assignment composition Assignment overview In this assessment you will explore aspects of
employment law, your role and responsibilities in respect of employment practices and present an issue of
public concern that has occurred within either the health, social care or children's and young people's sector.
Additionally, you will create a career plan which reflects on your continuing professional development and
related learning and possible future qualification opportunities. Tasks There are four tasks to this assignment. A
Short answer questions B Your work role C Career pathway D Presentation or report This is a ... Show more
a) b) Identify two different representative bodies which influence your area of work. Describe the role of the
two representative bodies you have identified. Understand employment responsibilities and rights in health,
social care or children's and young people's settings Task C Career Pathway Create a career pathway plan for
yourself, indicating what opportunities are open to you as you progress in your chosen career. Indicate what you
will need to learn or any qualifications you might need to gain in order to achieve your goals. Identify sources
of information to help you achieve your goals. Understand employment responsibilities and rights in health,
social care or children's and young people's settings Task D Presentation or report Prepare a presentation or
report on an issue or area of public concern related to the care profession. Your presentation or report should
include: A description of the issue or area of public concern raised An outline of the different points of view
regarding the issue or area of public concern raised A description of how the issue or area of public concern has
affected service provision and methods of working A description of how public opinion is affected by issues and
areas of concern in either the health, social care or children's and young people's sectors Understand
employment responsibilities and rights in health, social care or children's and young people's settings
Understand employment

Employment Laws in Canada
Canada Employment Law The employment affiliation can be complex, with no quick and easy method to use
which will provide an instant answer. When collecting information from the parties in regards to their work
association, the inspector/health and safety officer must keep in mind that the numerous tests are not tests in and
of themselves, but rather circumstances outlined in jurisprudence. They may be given more or less credence in a
particular case to establish if a worker is simply part of the payer's business or in business on his or her own
account (Determining the Employer/Employee Relationship – IPG–069, 2012). The general principles of
contract law rule the structure of the contract of employment. A contract of employment is a contract by which a
person, the worker, takes on for a limited or undefined period of time to do work for payment according to the
instructions and under the direction or control of another person, the employer. Inside the structure of a contract
of employment, a person carries out the service of work, gets payment and the work is carried out according to
the direction and supervision of the employer. "The terms of the contract may be either in writing or given
orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person
enters into a contract of service, which is an employer/employee relationship" (Determining the
Employer/Employee Relationship – IPG–069, 2012). Another kind of contract between

The Psychological Contract

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The Psychological Contract