![]() ![]() Moreover, contractual terms can be express or implied. The contract can be either written, verbal or even both. That said, although the contract of employment will usually be set out in writing, or at least in part documented by way of a written statement of employment particulars, to be legally binding the contractual terms do not need to be written down. ![]() ![]() In this way, the employment contract helps to clarify the nature and extent of the obligations on either party, providing clearly defined rights, with potential legal redress where those rights are breached. This makes it important for both the employer and employee parties to understand the nature of the employment contract and their respective obligations under it, not least their legal rights, remedies and claims in the context of different kinds of breach.Ī contract of employment is a legally binding agreement between the employer and employee, setting out the terms and conditions governing the working relationship between the parties, including their rights and responsibilities. Breach of an employment contract can include anything from relatively minor breaches, such as an employer’s failure to pay an employee’s expenses on the correct date, to fundamental breaches of contract arising from, for example, gross misconduct on the part of the employee.īreach of contract can give rise to remedies for the other party, such as suing for damages. As a result, it’s important for business owners to consult with legal counsel whenever they encounter contractual issues.If an employer or employee breaks or fails to meet terms under the employment contract, they may be in breach of the employment contract. There are rarely black or white answers, and missteps can cost you valuable rights.
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