subject: Violation Of Employment Agreement [print this page] Agreements between workers and his employers are needed to ensure that both parties would fulfill their part and maintain a healthy work relationship and harmony in the workplace.
Employment agreements aim to unite two parties into attaining a single goal, which is to become productive members of society. A work agreement can help avoid any disputes that may arise in a work relationship. It contains provisions and terms of agreement that cannot be violated. Either party will be held responsible for any violations of the contract.
Contents of Employment Contracts
Disputes often arise when there are issues are left unclear and not covered by an employment contract. Hence, to avoid this, an employment contract must be drafted and formulated with assistance from an employment lawyer. Here are the common contents of an employment agreement:
Employment, Duties, and Acceptance. This should include the parties that would sign the agreement and the duties that they must fulfill in order to meet his responsibilities to the other party.
The worker will accept the employment and will render specified services to his employer and the employer will, in turn, pay him compensation salary. The agreement of both parties must also be in writing and with their respective signatures so that it would be considered valid.
Term of Employment. This refers to the date that the contract will take effect and the date when it will expire.
Compensation. The salary rate and condition of the employee must be indicated in the agreement. There must be an indication of legitimate and work-related expenses that the company will shoulder. Insurance, pension, and other benefits should also be indicated in the contract.
Termination. Reasons behind a workers possible termination would be included in the agreement. Common causes for termination would be disability, death, and other special causes. This would include the violation of any provisions in the contract.
Confidentiality. Because of his work, an employee might stumble upon information which outside parties might be interested in. Employers can direct workers not to disclose any information about confidential issues of the company. Also, upon their termination, the worker must surrender all notes, records, and other documents that related to the companys and its affiliates businesses.
Ownership of Results. Employers must discuss to their employers that the products of services they would render to the company would be the property of the company. Any ideas, suggestions, and other materials in writing would be owned by the company and so rights to these would be of the companys.
Notices. Whether it be for the employer or the employee, it must be properly addressed. Also, there must be a proof that the recipient has received the said document and acknowledges its existence.
General Provision. This would include retaliation for any violation of the contract and other conditions of the employer and the worker. Also, it includes provisions relating to accidents and other events not stated in other conditions of employment.
The agreement must then be signed by both parties and the date should also be indicated. Violations to these provisions could result to potential lawsuit in the future against any party.
There have been many notable cases wherein employers take advantage of their workers lack of knowledge on employment laws. So, we should be careful in signing contracts without fully understanding its contents and implications.
Because disputes may arise out of the lack of knowledge of some employment provisions, one would necessarily need the assistance of someone, preferably an employer lawyer. In this way, each provision of the employment agreement can be explained.
