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Comparison of Contract of Employment with Collective Agreement

Comparison of Contract of Employment with Collective Agreement. Individual Contract of Employment. Employment established by agreement between employer and employee Identified by particular term ‘contract of employment Agreement subject to law of the land.

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Comparison of Contract of Employment with Collective Agreement

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  1. Comparison of Contract of Employment with Collective Agreement

  2. Individual Contract of Employment Employment established by agreement between employer and employee Identified by particular term ‘contract of employment Agreement subject to law of the land. Employee works under contract of service, independent contractor operates under contract for service.
  3. Grounds for validity of contract of employment The person making agreement must be competent to do so Parties must intend for agreement to be legally binding There must be offer and acceptance, wages on one hand attendance on the other, etc. Some consideration must be exchanged- payment of wages by employer, undertaking of tasks by employee.
  4. Collective labour agreement An agreement reached between workers’ trade union and employer’s trade union or an employer who is not a member of a union. Objective is to regulate matters with regard to content, conclusion and termination of contracts of employment Sets out the rights/obligations of workers and their union and those of management Includes as well grievance procedures and disciplinary codes.
  5. Common law principle Common law, a system of law that prevails in Britain and its colonies. Term also used to mean traditional, precedent-based element in law in any common-law jurisdiction as opposed to its statutory law or legislation Signifies that part of the legal system not developed out of equity, maritime law or other special branches of practice.
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