Employment Law

Holland (2007) states that most employees have their own right under ERA 1996 to receive a statement of initial employment particulars and detailed statement of employment contract (p. 41)Most essential contents and features of a contract are ‘control’ and ‘mutuality of obligations’. ‘Control’ occurs when the employer specifies what to do when to do and how things to be done. ‘Mutuality of obligation’ is the most important ingredient in an employment contract which occurs when employer undertakes to provide a person with work on specified conditions or employee undertakes to carry out the work assigned to him (Chandler, 2003, p. 85). By law, all employers are obliged to provide each of their employees with a written statement setting out certain terms that define the employee-employer relation. The City Law School (2008) argues that mutual obligations are necessary for there to be a legal contract between employer and that a contract, under which there is no mutual obligation, cannot be considered to be a contract of employment (p. 79).Under the ERA 1996 sections, 1- 7, a legally binding employment contract must contain names of the contracting parties and their place of residence and workplace. It must detail employees job description including work commencing date and place of work, or, if there is no main and permanent workplace, it must be stated that work needs to be performed at different places. (Reitz, 2006, p. 67).There should be a statement about how long the employment relationship can last in the employment contract. Amy DelPo emphasizes that when a contract says that the employment will continue for a measurable time period, the employee generally cannot be fired during that specified time without reasonable cause (p. 40).Employee’s working hours need to be specified in the employment contract as it would help both parties to identify extra work and extra pay for additional works done.