As probably the most important
document of your working life, it is essential that you know at least the
basics about your contract of employment and what it means. A contract sets out
the terms and conditions upon which you are employed, listing the majority of
obligations and rights of both the employee and employer. These terms are often
negotiable but, once agreed and accepted, the contract is legally binding on
parties.
The employment relationship is a
contractual standing and must have all the basic elements of an enforceable
contract to make it legally binding. In strict contractual terms, the offer is
made by the employer and formerly or informally accepted by both parties’
employee and employer.
The acceptance maybe merely
verbal or writing, or conversely the employee may signify his acceptance by
merely turning up for work on the accepted day. In some cases , such as if an
agreement is based on a verbal exchange, the very act of starting work signals
that you accept the terms and conditions offered, and a contract is effectively
entered into. It is advisable to read Employment Rights Act (ERA) to further
understand the importance and rights of your working contract.
The consideration within the
contract is the promise to pay wages on the part of the employer, and the
promise to provide the services on the part of the employee. Once the
acceptance has taken place there is a legally binding agreement and action will
lie against the party who breaches that agreement, even though it may only just
have come into existence/effect. (Parties intended within the contract).
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