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Legal Issues of Employment Terms and Conditions

The various legal issues involved in an employment contract usually entail an enforceable contract and negotiating a more favorable contract term. However, some juridical issues arise due to contractual breaches or actions by the employer that are invalid or contrary to the provisions of the contract clause. Among the legal issues that require professional legal services is the employment contract. The labor agreement is an arrangement concluded between the employee and the employer. The worker assumes the obligation to carry out the work defined in the contract and abide by the internal working procedures (Sargeant & Lewis, 2020). The employer is obliged to pay the wage and provide the working conditions as prescribed by law, the collective agreement, and the agreement of the parties. When signing the employment contract, the person must read it carefully to ensure that all the conditions are valid and will not harm the signatory. Specific clauses need to be discussed as they may limit a person’s options after leaving the company or the length of employment.

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The employer’s obligations are another aspect of these agreements that deserves consideration. Before signing the employment contract, the employer must make the subordinate aware of the internal work rules and other local regulations directly related to the work activities. He is also obliged to prepare and conclude an employment contract. The employment is formalized by an instruction issued by the employer based on this contract (Sargeant & Lewis, 2020). The subordinate must be acquainted with the hiring order against signature within three days from the actual commencement of work. The employer must give you a certified copy of the order upon request of the subordinate. If the employer violates labor law, he may face an administrative fine.

A practical example of an employer-employee dispute is the case of Asda Company. The employer, Asda, wanted to change the existing employees’ contracts to bring their pay structure in line with a more modern regime (Sargeant & Lewis, 2020). Most employees accepted the new administration, but a small number of employees claimed breach of contract and, in some cases, unfair dismissal, claiming that they had not agreed to the new regime. Asda justified its decision to unilaterally change the employment contract terms based on provisions in a staff handbook that formed part of the terms of employment. It said that the company reserved the right to introduce new rules from time to time to reflect changing business needs.

The plaintiffs argued that a non-contractual policy restricted the right to change the employment contract. Any proposed change in pay would still require employees’ consent.

The court rejected this appeal, which ruled that Asda had the right to do as it did by including a clause in the staff manual stating that it could unilaterally change terms and conditions. In this case, the court had acted relatively as a matter of law because the right to change the terms and conditions unilaterally had been spelled out in the contract. This case shows that it is essential to read the contract’s terms carefully and discuss the disputed clauses with the employer. In addition, in such cases, a lawyer can help the subordinate point out the contentious clauses in the contract. Many problems with the terms and conditions of employment can be prevented in this way.

References

Sargeant, M., & Lewis, D. (2020). Employment Law (9th ed.). Routledge. Web.

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StudyCorgi. "Legal Issues of Employment Terms and Conditions." October 12, 2022. https://studycorgi.com/legal-issues-of-employment-terms-and-conditions/.

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StudyCorgi. 2022. "Legal Issues of Employment Terms and Conditions." October 12, 2022. https://studycorgi.com/legal-issues-of-employment-terms-and-conditions/.

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StudyCorgi. (2022) 'Legal Issues of Employment Terms and Conditions'. 12 October.

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