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PH311 Employee Law and Relations

   

Added on  2020-04-15

15 Pages3294 Words54 Views
Running head: EMPLOYMENT LAW AND REGULATIONEmployment Law and RegulationName of the StudentName of the UniversityAuthor Note

1EMPLOYMENT LAW AND REGULATIONExecutive summaryEmployment relationship governs the relationship between employers and employees within anorganization. It is very essential for an employee and the employer to trust each other and haveconfidence in each other’s potentials and competencies. In the context of employment law, trustmay be defined as a belief that employers depends on the employees that they will meet theexpectations and the employees depend on the employers that they will understand and considertheir grievances and needs. Trust and confidence are essential human resource capabilities, thatenables any organization fulfils its organizational objectives.

2EMPLOYMENT LAW AND REGULATIONTable of ContentsIntroduction.....................................................................................................................................4Task 1...............................................................................................................................................4Task 2...............................................................................................................................................7Task 3.............................................................................................................................................10Conclusion.....................................................................................................................................12Recommendations..........................................................................................................................13

3EMPLOYMENT LAW AND REGULATIONIntroductionAn employment relationship arises when employers and employees work together withinan organization. An employment relationship is positive when there is an existence of mutualityand trust. The circumstances under which management and employment acts interdependentlyand both the employee and employer obtain benefits from such interdependency. A positiveemployment relationship provides a foundation for employee and employment relations relatedpolicies (Emir 2016). An employment relationship usually emphasizes on what are the factorsthat the organizations must be aware of while applying and developing human resourcemanagement. Task 1In the given case, the potential claims that Sparkling Cleaning Services has likely to defend areenumerated as below:Breach of employment contractAn employment contract includes legal obligations of the employers and the employeesthat are to be fulfilled after entering into an agreement. In the event any of the parties fail toperform the contract, it shall amount to breach of the contract. The breach of the contract mayentitle one or both the parties to the contract to either enforce the contract on its terms or try torecover any financial loss that resulted from such breach of the contract as was held in Fraser vHLMAD Limited [2006] EWCA Civ 738. The employers in UK must ensure that the employees do not work for more than 48 hoursevery week. However, the employment contract or a separate opt-out agreement may include

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