- Employment contract
A contract of employment is a category of contract used in labour law to attribute right and responsibilities between parties to a bargain. On the one end stands an "employee" who is "employed" by an "employer". It has arisen out of the old master-servant law, used before the 20th century. Put generally, the contract of employment denotes a relationship of economic dependence and social subordination. In the words of the influential labour lawyer Sir Otto Kahn-Freund,
"the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'. The main object of labour law has been, and... will always be a countervailing force to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship."
TerminologyPart of a series on
A contract of employment usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a "contract for services", the expression altered to imply the dividing line between a person who is "employed" and someone who is "self employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick leave, fair dismissal, a written statement of the contract, the right to organize in a union, and so on. The assumption is that genuinely self employed people should be able to look after their own affairs, and therefore work they do for others should not carry with it an obligation to look after these rights.
The terminology is complicated by the use of many other sorts of contracts involving one person doing work for another. Instead of being considered an "employee", the individual could be considered a "worker" (which could mean less employment legislation protection) or as having an "employment relationship" (which could mean protection somewhere in between) or a "professional" or a "dependent entrepreneur", and so on. Different countries will take more or less sophisticated, or complicated approaches to the question.
- Collective bargaining
- Job description
- Labour law
- Labor union
- Work for hire
- First Employment Contract and New Employment Contract in France
- Master and Servant Act
- Adair v. United States, 209 U.S. 161, 175 (1908) "the employer and the employee have equality of right and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in our free land.”
- ^ Labour and the Law, Hamlyn Lectures, 1972, 7
- ^ in the UK, s.230 Employment Rights Act 1996
- ^ see, Sir John MacDonell, Classification of Forms and Contracts of Labour (1904) Journal of the Society of Comparative Legislation, New Series, Vol. 5, No. 2, pp. 253-261, at 255-256
- ^ "locatio conductio operarum is a contract whereby one party agrees to supply the other with a certain quantum of labour. locatio conductio operis is a contract whereby one party agrees, in consideration of money payment, to supply the other not with labour, but with the result of labour." Sohm, Institutes of Roman Law, 311 (1892)
- Mark Freedland, The Personal Employment Contract (2003) Oxford University Press, ISBN 0199249261
Employment See also: template Corporate titles • template Workplace Classifications HiringApplication • Background check • Contract • Cover letter • Drug testing • Employment counsellor • Interview • Job fraud • Job hunting • Probation • Recruiter (Employment agency • Executive search) • Overqualification • References • Résumé / Curriculum Vitæ (CV) • Underemployment • Work-at-home scheme Roles Worker class Career and trainingApprenticeship • Avocation • Coaching • Career assessment • Career counseling • Career development • Creative class • Education (Continuing education • Continuing professional development • E-learning • Employability • Further education • Graduate school • Induction training • Initial Professional Development • Knowledge worker • Licensure • Lifelong learning • Practice-based professional learning • Professional association • Professional certification • Professional development • Vocational education • Reflective practice • Vocational retraining • Vocational school • Vocational university) • Mentorship • Profession • Tradesman • Vocation Attendance Schedules Wages Benefits Safety and healthEpilepsy and employment • Ergonomics • Industrial noise • Occupational disease • Occupational exposure limit • Occupational health psychology • Occupational injury • Sick building syndrome • Work accident (Occupational fatality) • Workers' compensation • Work–life balance • Workplace stress • Workplace wellness Equality Infractions WillingnessAnti-work • Extreme careerism • Civil conscription • Conscription • Dead-end job • Full employment • Job satisfaction • McJob • Slavery (Bonded labor • Human trafficking • Labour camp • Penal labour • Peonage • Truck system • Unfree labour • Wage slavery) • Refusal of work • Work aversion • Work ethic • Workaholic Termination
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employment contract — The contractual agreement between employer and employee governing their employment relationship. There must also be a written statement of the terms containing certain minimum conditions of employment which have to be included by statute. Certain … Law dictionary
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employment contract — A contract between employer and employee; a collective labor agreement. See collective labor agreement; contract of hire … Ballentine's law dictionary
employment contract — noun A category of contract used in labor law to attribute right and responsibilities between parties to a bargain … Wiktionary
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First Employment Contract — The first page of the law The contrat première embauche (CPE; English: first employment contract) was a new form of employment contract pushed in spring 2006 in France by Prime Minister Dominique de Villepin. This employment contract, available… … Wikipedia
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employment — em·ploy·ment n 1: an activity or service performed for another esp. for compensation or as an occupation 2: the act of employing: the state of being employed Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary