Today, individuals work hard in order to meet every days financial needs. It is hard to find a job wherein you will be able to apply your skills and get enough compensation for it. Naturally, once you find a job, employment contracts are necessary to protect your rights, as well as your employer's interest.
However, there are times when the things agreed upon in the contract, by you and you and your employer are not done or violated. This is known as breach of employment contract.
A breach of employment contract occurs when the terms and conditions of the employment law, which includes working regulations that was agreed upon by an employer and employee is infringed or violated.
Here are some instances when a breach of employment contract occurs:
when harassment occurs
when the salary of the employee is not paid by the employer
when the employee's job or terms of employment law is changed
when there are false allegations of misconduct between the employer and employee
Things to Look For in Your Employment Contract
Generally, an employment contract states the conditions of the employment. The following are the elements that should be considered and looked for in an employment contract:
nature your duties which includes, specific and general responsibilities and performance of duties which includes:
job description
to whom you will report to
details regarding your compensation
stock limitations and options sale of the issuer's company stock
grounds for termination which are:
inability to perform duties
violation of responsibility
low company profits
company reorganization
a non-compete clause
fringe benefits
conditions for paying other bonuses
signing bonus
when will you start to work
ownership of intellectual property
Forms of Contract
In every company, there is a contract of employment given to their employees. Contracts given come in several forms including:
Implied Contracts- Implied contracts are contracts wherein certain forms are not put into words. It can be implied or a fact in law. Contracts which are implied are contracts wherein circumstances imply that both parties have come to an agreement even if they have not done it expressly.
Written contracts- Written contracts are necessary, useful, and significant in making sure that both parties will do or perform all agreed and expected tasks written under the contract.
Oral Contracts- Oral contracts are contracts wherein the terms have been agreed upon by both parties through spoken communication, in contrast to written contracts, wherein the contract is a document that is written. There may be physical or written evidence of oral contracts. An example of such is when both parties have written down the things they have agreed upon, but the actual contract is not written.
Employees and Employers: Both accountable in Breach of Employment Contract
Both employees and employers should always remember that they are working under a contract of employment law. Breach of employment contract is actionable and enforceable under the law, like other kinds of breaches of contracts. A branch of employment law will enable the aggrieved party to file a claim when unfair or unjust actions happen in a workplace.
Source: http://www.ArticlePros.com/author.php?Jan Camille Canivel
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