Textbook Notes (363,263)
Canada (158,281)
York University (12,359)
HRM 3420 (11)
Chapter 4

chapter 4

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York University
Human Resources Management
HRM 3420
Chris Sweeney

Chapter 4 The employment contract 9252011 35400 PM j REMEMMEBER TO GO OVER ALL CASES LATER AND MAKE NOTESj Every employment relationship is based on a contract whether it is oral or written j Under the common law 3 things must be considered to create a contract an offer acceptance of the offer and consideration something givenpromised in exchange a binding legal contract is createdj So now theres a job offer covering essential terms acceptance and the promise for wages for work performed An oral contract containing these is just as official as a written contract j Advantages of a written employment contract j Reduces the risks of misunderstandings reflects a common understanding of the terms which recalls obligations and expectations from both parties j Addresses contentious issues early Issues that will constantly be brought up are addresses immediately that way some sort of incentive is provided to encourage the parties to work on it j Reduces uncertainty clear record of terms and conditions are provided if the matter is taken to courtj Implied terms the court considers what terms the parties would likely have agreed on had they put their minds to the issue The courts have also developed a set of obligations and rights both parties OUGHT to perceive unless explicitly stated otherwise Some examples are termination notice good faith make improper use of confidential informationj How formal a contract should be in the high sector confidentiality nonsolicitation and noncompetition obligations must be addressed Otherwise it usually consists of a letter from the employer offering the job key terms and conditions such as salary benefits start date title and job duties termination avoids litigation costs regarding reasonable costs This should also cover things in reference to the handbook such as discipline probationary periods absence safety and harassmentj If a party is unhappy with the contract and wants to challenge it for the following issues it may be acceptableIf the employee begins work before the contract is officially 1 Lack of considerationsigned they might not agree to change terms unless a signing bonus or something is
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