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Employees have certain legal rights such as the right to be paid a minimum wage and to have a
workplace free of sexual harassment. Should employees have rights that are not specified in the
law or in an employment contract? Provide examples from your own experience to support your
position.
Solution
Every workers should be recognized to all rights stated in the law (Constitution, International
Agreements, Pacts, federal law, state's law, and so on) and any other right that may be include in
a written or verbal contract statement.
Anyone who works for an employer for a regular wage or salary automatically has a contract of
employment. While the complete contract does not have to be in writing, an employee must be
given a written statement of terms of employment within 2 months of starting work.
The majority of employees work under open-ended contracts of employment. In other words, the
contract continues until such time as the employer or employee ends it. Many other employees
however, work under fixed-term or specified-purpose contracts which are contracts which end on
a specified date or when a specific task is completed.
The contract of employment will include some or all of the following elements (regardless of
whether the employer and employee have specified them or not):
•The terms that the law says are in every contract of employment.
•Terms that must be part of the contract as a result of laws passed by the Dail.
•Terms that the Constitution states must be in every contract.
•Collective agreements
•Joint Labour Committee Regulations
•Regional or International Agreements and Pacts.
In addition, custom and practice in a particular workplace may form part of a contract.
Examples:
Employer must provide a safe workplace (Law right)
Employee should carry out the job to the best of his/her ability. (Law duty)
Maternity leave. Such terms are part of the contract even if the employer and employee do not
specifically include them and replace any agreement between the employer and employee not to
apply the particular law. So, the statutory right to take maternity leave overrides any agreement
between the employer and employee that the employee will not take maternity leave. (Collective
rigths)
Employee has the rigth to join a trade union. (Constitutional)
A particular level of overtime pay for employee (Terms of contact)

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Employees have certain legal rights such as the right to be paid a m.pdf

  • 1. Employees have certain legal rights such as the right to be paid a minimum wage and to have a workplace free of sexual harassment. Should employees have rights that are not specified in the law or in an employment contract? Provide examples from your own experience to support your position. Solution Every workers should be recognized to all rights stated in the law (Constitution, International Agreements, Pacts, federal law, state's law, and so on) and any other right that may be include in a written or verbal contract statement. Anyone who works for an employer for a regular wage or salary automatically has a contract of employment. While the complete contract does not have to be in writing, an employee must be given a written statement of terms of employment within 2 months of starting work. The majority of employees work under open-ended contracts of employment. In other words, the contract continues until such time as the employer or employee ends it. Many other employees however, work under fixed-term or specified-purpose contracts which are contracts which end on a specified date or when a specific task is completed. The contract of employment will include some or all of the following elements (regardless of whether the employer and employee have specified them or not): •The terms that the law says are in every contract of employment. •Terms that must be part of the contract as a result of laws passed by the Dail. •Terms that the Constitution states must be in every contract. •Collective agreements •Joint Labour Committee Regulations •Regional or International Agreements and Pacts. In addition, custom and practice in a particular workplace may form part of a contract. Examples: Employer must provide a safe workplace (Law right) Employee should carry out the job to the best of his/her ability. (Law duty) Maternity leave. Such terms are part of the contract even if the employer and employee do not specifically include them and replace any agreement between the employer and employee not to apply the particular law. So, the statutory right to take maternity leave overrides any agreement between the employer and employee that the employee will not take maternity leave. (Collective rigths)
  • 2. Employee has the rigth to join a trade union. (Constitutional) A particular level of overtime pay for employee (Terms of contact)