就业合同和上下文英文.pptx

Employment Contracts and Contexts;Objectives;The Individual in a Labour Market;Offer, acceptance, consideration intention, reasonable content, legal genuine consent contract of service (master-servant) open-ended relationship continuous or fixed-term or temporary or apprenticeship Contrast “contract for services” (commercial contractors, self employed) precise terms of performance for each party common law and statutory duties of employer of employee implied terms (general obligations) since 1963 significantly shaped by statute law control test, integration test the “borrowed employee”?;express or implied, verbal or in writing Contract of employment is “usually concluded orally by people who rarely think out still more rarely express, any terms” 1940 subject to statutory regulation of employment relationship Changes to the Contract? by mutual consent? within scope of effort-reward relationship (open -ended, master-servant)? reasonable within employer’s operational discretion? Vicarious liability Negligence employer liable for negligent/wrongful acts omissions of employee whilst acting in course of employment. The Control test. collective agreements;Employment Rights Act 1996;ERA 1996 Right to minimum statement;RIGHTS AT WORK?;Vicarious Liability;Employer obligations to employee;Treat with respect, trust confidence;Employee obligations to employer;Fidelity;Unfair Dismissal;No right not to be dismissed. ;;Eligibility?;Fixed Term Contract - Waiver of Rights Clause;Valid reasons for dismissal;Conduct;Capability - 1;Capability - 2;Redundancy ;Automatic invalid reasons;Reasons in writing;ACAS Discipline Guidelines;Procedural Fairness - 1;;;Company Policy Framework - 1;Verbal warning - noted;Formal Verbal warning ;Reasonableness and sufficient reason;Fairness test;Short case studies 1;The warehouse supervisor asked Braat Shah - a fork-lift truck driver - to work overtime on Saturday from 8.00 - 16.30. Braat agreed but then did not turn up nor did he phone in. T