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C3 THE EMPLOYMENT RELATIONSHIP - Coggle Diagram
C3 THE EMPLOYMENT RELATIONSHIP
Employment
is the vital/ legal link. If there is
no Employment
,
Employer
or
Employee
is
not exists
.
Employer
offer
Employment
Employee
accepts
offer
. If there is no offer, employee is prepared to do voluntary work.
Employment
is the
reward
Statutory Rights
Based on specific
laws & statutes passed by federal, state, & local governs.
Equal employment opportunity
Collective bargaining
Workplace safety
Contractual Rights
Based on specific
contract between employer & employee
Formally in written employment contracts
Implied in yee handbooks & published policies
Employment Contract
Any
agreement
whether
oral
or in
writing
& whether
express
or
implied
, whereby
1person agrees to employ another as a workman
& that
other agrees to serve his employer as a workman
Contract for Labour
Contract labour normally refers to workers who are hired for a specific task and a finite period
Formation
of an
Employment Contract elements
Legislations
Collective Agreement
Employee Handbook
Common law duties
Express terms
Verbal, in writing or both
Implied terms
Taking into acc the overall spirit & intention behind the contract entered into by the parties
Breach of Employment Contract
Statutory Breach
Contractual Breach
Resources for Breach
Initiate an action in the Civil Court
Lodge a complaint w DGL under S69 of EA 1955
Wrongful dismissal can make representations to DGIR for reinstatement pursuant to S20(1) of IRA 1967
Employment Relationship
right & responsibilities of employers & employees & their respective unions is
guaranteed by IRA 1967
&
TUA 1959
Protection of Rights of Workmen & Employers & their Trade Unions
Rights of workmen & employers
Prohibition on employers and their trade unions in respect of
certain acts
Leave on trade union business
Prohibition on workmen and their trade unions in respect of
certain acts
Common Duties
of
Employees
The duty to use reasonable skill & care in the work
The duty to obey lawful order
The duty to act in good faith & provide faithful services
The duty to comply w Statutory Obligations
The duty to provide service personally
Common Duties
of
Employers
Duty to pay remuneration
The obligation to provide work
Duty to treat employees w respect & trust
Duty to comply w Statutory Obligations
Duty to give testimonials & references
Types
of
Employees
Agency/ Contract workers
Fixed term employees
Pieceworkers
Out-workers
Probationers