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An employment contract is an enforceable agreement between two parties that contains whatever terms and conditions of employment the parties agree upon and, when accepted, becomes controlling upon the employment relationship. The contract may be oral or written, express or implied (the latter terms are defined below).
This includes: Pay intervals (for example, weekly or monthly) Paid leave, including your annual leave and public holiday entitlements. Sick pay. Pension and pension schemes. Period of notice to be given by employer or employee. Details of any collective agreements that may affect your terms of employment.
An agreement can be informal or it may be written; a contract may be verbal or written, but a contract will always be enforceable if it contains certain requirements. Modern contract management software takes an agreement and puts in the legal requirements that formally turn an agreement into a contract.
Job responsibilities: A general outline of tasks and duties. Duration of employment: Such as seasonal, defined (for example, two years), or indefinite. Schedule: Expectation of hours/days employee will work. Compensation: Itemization of salary, wage, or commission initially agreed on.
This occurs when the provisions are too broad or include unlawful requests. For example, if you ask a staff member to launder money as part of their job responsibilities, the contract will be rendered null and void. A voidable contract, however, is legally sound in that all the provisions are fair and valid.
In Massachusetts, a written employment contract is generally enforceable ing to the terms of the contract. This means that if a contract has specific terms outlining compensation, benefits, or how and why an employee can be terminated, the employer is legally obligated to adhere to the terms of the contract.
For a contract ? including an oral contract ? to be valid, it must have the 3 essential elements of an enforceable agreement: An offer, An acceptance of that offer, and. Consideration.