Most Common Clauses In An Employment Contract And Agreement
Employment contracts and agreements defines the terms and conditions of the working relationship between an employer and an employee.
The contract shows the duties and responsibilities of the employer to the employee and vice versa.
Although each company has its own template, an employment contract usually contains the following clauses:
Parties Involved
This will specify that the agreement is between the employer and the employee.
Position and Duties
The employment agreement should also specify the title of the position that the employee will be holding, together with the specific duties that the employee will perform as set out by the job description that will be attached to the agreement.
Place of Work
This refers to the location where the employee will be tasked to perform his/her duties.
Working Hours
This refers to the required number of hours the employee must meet.
The employment contract should specify the number of hours the employee must work per week and the number of days in a week.
It should also specify the time that his/her job starts and finishes.
Pay
In this part of the employment contract, the employer can specify the equivalent annual salary that the employee will receive.
The contract should also specify the following:
The period that will be covered for each pay day
The day the payment will be made
The method of which the payment will be given
Public Holidays
This part of the employment agreement specifies that the employee is entitled to be paid for the time worked during a public holiday.
Conflict Resolutions
This part of the employment agreement can specify the process and policies that apply in resolving possible conflicts in the future.
This could include the grievance processes that can be used by the employee to report any practices or policies that they feel are unfair or unjust.
This clause may also include the preferred alternative dispute resolution (ADR) process to resolve employment disputes.
The most common type of ADR process is arbitration because it is much more similar to a court proceeding compared to other ADR forms.
Other Clauses
The employer may also include other clauses that aim to protect the operations and the interests of the company.
Some of them are:
Non-compete clause This prevents an employee from accepting employment from a competitor or start their own venture that will compete with your own company.
Non-solicitation clause This clause prevents your employee from soliciting your clients, customers or suppliers.
Non-disclosure clause This prevents an employee from divulging non-public or proprietary information. The contract should stipulate what defines confidential information.
Anti-raiding clause This prevents former employees from soliciting current employees to leave their employment.
Anti-disparagement clause This prevents employees from making statements that opposes the interest of the company.
Employers are advised to seek help from an expert employment law attorney to make sure that all important areas are covered and that no existing laws are being undermined.
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[Top]Abbey Santander Group Demonstrates Appeal Stages And Court Structure In Employment Disputes
The appeal stages and court structure in employment disputes in the UK is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case, where the Employment Tribunal found race discrimination and made the record breaking 2.8 million compensation award. Abbey National Santander Abbey (the UK high street bank soon to be re-branded as Santander share, and being part of the Banco Santander Group) ended Balbinder Chagger’s employment in 2006, giving redundancy as the reason. However, Mr Chagger believed the real reason behind his dismissal was race discrimination. Mr Chagger (of Indian origin) was employed as a Trading Risk Controller. He earned around 100,000 a year and reported into Nigel Hopkins, his manager.
If an employee has suffered unfairness and/or discrimination in employment then he could decide to appeal. The first point of appeal may be to the employer, in the form of a formal grievance. The employee lodges the formal grievance with the employer. The employer is responsible for hearing the grievance and deciding its outcome. The employer is, thus, given the opportunity to deal with the employment dispute and to close it satisfactorily. However, Mr Chagger’s issues were simply dismissed out of hand by the Banco Santander Group company.
If the parties cannot resolve their employment dispute between themselves, then either party may appeal to an Employment Tribunal for an independent resolution of the dispute. Employment Tribunals will hear disputes concerning unfair dismissal, redundancy payments and discrimination. Mr Chagger eventually appealed to the Employment Tribunal by starting legal proceedings against both Santander Abbey National and Mr Hopkins on the grounds of race discrimination and unfair dismissal. The Employment Tribunal heard the case and concluded that Mr Chagger had been both dismissed unfairly and discriminated against on the grounds of race in respect of his dismissal, by both Mr Hopkins and Santander Abbey National. The Employment Tribunal took the rare step of ordering Abbey Santander to reinstate Mr Chagger in order to remedy the wrong of race discrimination it had committed. Santander Abbey National, however, refused to comply with the Employment Tribunal’s reinstatement order. Following Santander Abbey National’s failure to comply, the Employment Tribunal subsequently ordered Abbey Santander to pay Mr Chagger the record breaking 2.8 million compensation for his loss on the basis that he had not been reinstated.
The employee/employer that is dissatisfied with the Employment Tribunal’s decisions may appeal to the Employment Appeal Tribunal (EAT). The EAT will consider appeals against decisions made by Employment Tribunals. The grounds of appeal must be points of law (i.e., the appeal must be about errors in the legal reasoning of the Employment Tribunal’s decision). The EAT will not reconsider issues of fact. Santander Abbey National and Mr Hopkins appealed to the EAT against the Employment Tribunal’s decision of race discrimination and against the award of 2.8 million compensation. The EAT heard Abbey Santander’s appeals. It decided to uphold the original Employment Tribunal’s finding that Mr Hopkins and Santander Abbey National had discriminated against Mr Chagger on the grounds of race in respect of his dismissal. However, it accepted Abbey Santander’s appeal on the record breaking 2.8 million compensation award and remitted the compensation matter to the original Employment Tribunal for reconsideration on the basis of the likelihood of Mr Chagger leaving Santander Abbey National’s employment in any case.
The party that is dissatisfied with the EAT’s decisions may appeal to the Court of Appeal, being the second highest court in the land. The Court of Appeal will consider appeals against decisions made by the EAT. Once again, the grounds of the appeal must be points of law (i.e., the appeal must be about errors in the legal reasoning of the EAT’s decision). The Court of Appeal will not reconsider issues of fact either. The Santander Abbey National case was appealed to the Court of Appeal; the Court of Appeal’s website showed the case was heard this month, on 7 and 8 July 2009. The Court of Appeal’s records concerning the hearing were not available at the time of writing this article. According to 11KBW set of chambers, the hearing was limited to the issue of compensation only (i.e., not to the matter of race discrimination also). That would suggest that the wrong of race discrimination committed by Santander Abbey National and Mr Hopkins seems to have been finalised by the EAT, which upheld the original Employment Tribunal’s finding that Mr Hopkins and Abbey Santander had discriminated against Mr Chagger on the grounds of race in his dismissal.
The party that is dissatisfied with the Court of Appeal’s decisions may appeal to the House of Lords, being the highest court in the land. Any appeal to the House of Lords requires the Court of Appeal’s approval and the Court of Appeal must also certify a question of general public importance that the House of Lords needs to decide upon. Again, appeals to the House of Lords must be about points of law and not about issues of fact. The House of Lords is the final stage of appeal for most legal cases in the UK. However, rare cases may be permitted for appeal to the European Court of Justice, which has jurisdiction on matters of European Community law.
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[Top]Why to Opt For Billig-a-kasse Unemployment Insurance
Unemployment insurance is one best way to solve the job difficulties. Such services are the foundation to help you out at times of economic crisis.
In today economic scenario, employment is precarious. Your household expenses and daily needs calls for employment and it is considered to be a need for all individual. As the economy is down, more and more people are facing unemployment problems and truly saying it is becoming a major crisis these days. These difficulties tend to make people nervous as it makes them unable to meet their responsibilities and duties. So, in this case seeking benefits of billig-a-kasse unemployment insurance can make you come out of the difficulties and problems. Here in this write up, we would provide you a foundation by enlightening facts about what all you need to know about unemployment insurance.
Government Insurance VS Private Insurance Policies
If you are considering employment insurance, do not get confused with government and private insurance. Such indemnity is basically a coverage bought through a private insurance firm that promises to pay you out if you are out of your service. Public employment is obliged to pay only if you meet certain responsibilities and have lost your job without any liability of your own. Private insurance is the best one and if you consider taking their services, you could be fortunate to get the ultimate level of coverage you wish and further do not have to worry about as many limits.
Why Do You Need Unemployment Insurance
An important reason to get such policies is to safeguard against unemployment problems. This will avoid severe financial repercussions and some other major aspects of your life. Such inexpensive procedures can offer you wide benefits if you opt their services. It can solve all your setbacks in a short span of time.
Huge Benefits of Unemployment Insurance
In case you become unemployed, insurance firms can offer you wide benefits. Some of their advantages are discussed below.
Offers Variation in Plans: They are entitled to offer deviation in their plans and the payouts can mainly be deferred to 30, 60 or 90 days, all depending upon your requirements.
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So, do not lack behind! Take up such services to get ultimate peace of mind. The reason is that at times of economic crisis, it is the mental peace that will help you out to face the challenges.
About the Author
Alex Kaylee understood the conditions of the unemployed and thereby provided insurance facilities for people to work in finance, HR, IT, management, marketing and many other sectors. For more information please visit, Billig a-Kasse.
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