Agreement Made Between the Employer
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Added on 2019-09-25
Agreement Made Between the Employer
Added on 2019-09-25
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Surname 1Name of StudentInstructor’s nameCourseDateWorkplace LawAnswer 1An employment contract is an agreement made between the employer and the potential employee who is legally enforceable and binding. Employment contracts generally include procedures and policies required for the employer so as to protect their own interest as well as that of the organization. According to the Employee Standard Act, 2000 an employee must agreeto the contract as a condition of employment (“Employee Standard Act, 2000”). In the present case, Melanie was offered a job by the employer for $40,000 and a three weeks of vacations. The promises were made by the employer verbally and there was no written contract made for the same. Later when the employer provided Melanie with a written contract which covered the salary and other benefits, serves as the employment contract. As per the Employment Standards, 2000 law, merely an offer made to one person to person verbally or orally does not make the parties binding to such promises (“Employee Standard Act, 2000”).
Surname 2Thus, the written agreement is the ultimate employment contract which is enforceable by law is acontract. Charness and Levine have emphasized in their work that a contract is anything that can be enforceable by the law of the land. It can be said that the employment contract is a collective agreement (2002:393). Also it is an accepted proposal that is fully understood by the law and is legally binding on the parties. Thus, if Melanie is unhappy with the agreement, she may choose to deny and reject the proposal. However no action can be taken on the part of the employer merely based on oral discussions. In case there is any offer letter provided by the company, then Melanie may take action against the employer. Answer 2Termination of employment is one of the crucial issues that have been raised at many organizations all over the world (Stewart 2013). There are a number of employees who have been terminated due to valid and invalid reasons, owing to the workplace environment. As per the Employment Standards Act 2000, an employer cannot terminate an employee who has been continuously employed for period of 3 months or more unless the employer provides terminationpay. As per the Employee Standard Act, 2000 if an employee has not received any written notice as required under the Act, heshall be provided with a lump sum aggregated amount also known as the termination pay, in lieu of that notice. The payment made is equal to theregular wages that the employee would have been otherwise entitled to during the notice period (written notice) (“Employee Standard Act, 2000”).In the present case, Jerry is merely informed of his termination because the store was not able to generate enough business. If he is provided with a
Surname 3written notice 5 weeks before regarding the termination, then he would not be entitled for the termination pay. On the contrary, if he has not been provided with any written notice, then he must be provided with an equal amount of the regular work week which he would have otherwise earned during notice period. Thus, employer is right in case he is provided Jerry with aprior written notice and hence, he owes nothing to Jerry.Answer 3It is essential for the employers to define the status of their workers, rather as an employee or an independent worker. Though both employees and independent contractors are required to be paid for their work done, however, there are a number of differences between them. Firstly, employeeswork directly for an organization and are answerable to the employer. On the other hand, theindependent contractors may work for a single corporation or any other person and even work for multiple companies and ultimately have more control over their work. In addition to this, another difference is that for an extended period of time an employee often stays with sole employer; on the contrary, independent contractors usually work for a short time, or till the completion of any particular project. Moreover, as per the reports of Ontario reported that the business expenses paid by the employees on behalf of the company are ultimately covered by the employers directly; on the other hand, the independent contractors need to bear all the business expenses. An employee is paid as predetermined salaried and may sometimes be also subject to overtime for additional work, as the case may be. On the contrary, the independent contractors are paid on the basis of the number of contracts they have handled during the given period.
Surname 4Another key difference amid independent contractor and an employee is with regard to the payment of taxes. Harris and Krueger (2015) emphasizes that employers are required to withhold taxes from an employee’s paycheck, such as the social security tax, income tax, as well as Medicare tax . However, they are not responsible to withhold any type of tax from independent contractors. As an alternative, independent contractors are sometimes responsible topay both employer and employee taxes. Therefore, it would be beneficial employ Cecil as an independent contractor. As Cecil is working duties include driving around the province to meet with potential andcurrent customers, make use of his own car and receiving payment for gas and other travel-related expenses, doing paperwork from home, as well as only visiting the factory for meeting, he can serve as an independent contractor. Answer 4A non-solicitation agreementis generally a contract clause which states that if an employee resigns from the job and job the competitors or opens a new business, they mustnot solicit anycustomers or clients of the corporationafterleaving the position (Robbins 2017:1227). This is done, so that the employees do not leak any confidential information about the company to the rivals. In addition to this, soliciting the customers, generally with new offers and lucrative packages is a loss of valuable asset for the company as well. However, this does not restrict the employee leaving their position in the company to seek for job elsewhere or start their own business.
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