HR Administration

Card Set Information

HR Administration
2014-02-14 10:20:20

for midterm
Show Answers:

  1. Purpose/Benefits of using employment contracts
    • provide and understanding for both parties on what expectations are
    • provides known outcomes for termination, can take a lot of the tears out
  2. Statutory rights vs. contractual rights
    stat rights are our rights by law (these are the MINIMUM and employer MUST do)

    contractual rights are our rights in a contract.

    cannot give up your stat rights in a contract
  3. Binding promise
    if one party breaches the other, they have legal remedy but that means you have to sue them (can’t run to employment standard bc typicaly with contractual agreements, they are offering more than that)
  4. How to ensure validity and enforceability (8)
    • 1. Can’t go below legislated minimums include
    • 2. Consideration
    • 3. No evidence of unfairness or improper effort to influence signing
    • 4. Keep up to date – “renew” every now and then (e.g. on promotion)
    • 5. Avoid ambiguity
    • 6. Reasonableness re: restrictive covenants
    • 7. Have an “Entire Agreement” clause
    • 8. Include any and all referenced materials
  5. Consideration
    • benefit that must pass between the two parties before signing implications of consideration:
    • 1. contract must be signed before employee starts
    • 2. can get existing employees to sign a contract, but must have new consideration, experts say do it upon promotion, there must be something new that they wouldn’t have got
    • 3. contract is not just a formality, they are accepting the job by accepting the terms of the contract
  6. Reasonableness re: restrictive covenants
    - do you need a non compete clause? if you do it needs to be reasonable. maybe you need a non disclosure clause
  7. Common provisions in employment contracts
    - do you want a probationary clause, how detailed do you want your job duties