HSEL 4 Flashcards
contract
An employment contract is a voluntary agreement whereby one party becomes bound to work as an employee for the other party (the employer)
employee
someone who, in exchange for remuneration, personally works for the benefit and under the direction of someone else (the employer)
remuneration
work is to be done in exchange for wages or salary
personal work (2)
- work must be performed personally by the employee
- the workers right to delegate or subcontract the work that must be done for the employer strongly points in the direction of self-employment
capital
it is the employer who provides the essential tools and instruments to do the work
direction
its central meaning has to do with the employee’s general duty to obey their employer’s instructions as to what work is to be done, and how, when and where
not covered by employment law (4)
- civil servants
- members of the board of directors
- services rendered by close relatives
- delivery drivers with own vehicles
fixed term contracts must be for (3)
- well-defined and time limited tasks or projects
- contracts for peak demand or excessive workload
- replacement contracts
contract of employment: temporary employment agencies
though the employee works for the user undertaking (and under its supervision and direction), the contract of employment is concluded between the agency (the employer) and the employee
part time contracts
employee is considered a part-time employee if their agreed hours of work per day, week, month, or year are less than the hours of work of a comparable full-time employee
transfers from full time to part time
must be voluntary
season or intermittent work
the employee is permanent, their contact being for an indefinite duration, though their services are needed only in certain periods of the year
probationary period
when employee starts working, full rights expect those related to termination
- can be terminated without cause or notice
