Sentences with phrase «into employment contracts»

We can also draft clauses into employment contracts to ensure medical assessments can be carried out if needed.

If the employee has worked for the employer for some time, it will be important to provide consideration in return for entering into the employment contract.

Anything can be written into an employment contract, but not all written promises can be enforced.

An employer may limit the damages it is required to pay a dismissed employee upon dismissal by inserting language into the employment contract that limits the employee's entitlement to damages upon termination.

A court will imply terms into the employment contract if the employment contract is silent regarding those terms.

Would it be sensible to write into employment contracts an obligation to obey the code?

Mr. Feldstein interviewed and eventually entered into an employment contract with 364 Northern Development Corp («364»).

Because the laws existing at the time and place of the making of the contract become part of the contract, that means that the FLSA is incorporated into every employment contract.

This presents an opportunity for dismissed employees to take the position that termination clauses inserted into their employment contracts prior to dismissal are unenforceable.

The second rationale for tenure — a safe harbor from discrimination and favoritism — deserves to be taken seriously, but the codification in constitutions and statutes of innumerable due process and anti-discrimination protections radically shrinks the rationale for inserting additional tenure provisions into employment contracts for this reason.

Non-compete, non-solicitation and non-dealing clauses will need further consideration and should only be inserted into the employment contract where the organisation considers such protection is required.

Anything goes into employment contracts — but not all written contracts are enforced Daniel A. Lublin, Toronto Metro News Published Wednesday June 27, 2007 Written employment contracts represent employment law's most ambivalent feature.

An employer can insert language into an employment contract offered to a new employee that will provide it with the right to unilaterally change the terms of employee's employment without employee's consent.

Given the court's finding that minimum Code standards are incorporated by force of statute into the employment contract, the existence of an express or implied term of the employment contract requiring overtime to be paid to an FLS was a question of fact to be determined at trial.

Termination clauses in employment contracts are normally inserted by employers into employment contracts to minimize the cost of dismissing employees.

Employers often place a restrictive covenant, such as a non-competition or a non-solicitation clause, into their employment contracts in an attempt to protect their business interests from competition from departing employees.

A contractual provision on termination can be good for both parties entering into an employment contract because it provides certainty in the event of termination, and avoids costly litigation and recourse to lawyers and courts.

In every case, Mac's or Mac's» dealers entered into the employment contract with the foreign worker directly.

It is now common for employers to insert termination clauses into their employment contracts to reduce their cost of terminating the employment of their employees.

On the facts, the EAT considered that the terms of the collective agreement had not been incorporated into the employment contract.

unlike with many other contracts, especially business to business contracts, it is common for the courts or Employment tribunal to vary employment contract terms or imply terms into employment contracts.

Mac's then entered into employment contracts with the foreign workers.

Notably, the right to be paid overtime need not be negotiated and written into an employment contract to govern the relationship or the adjudication of any disputes.

A court may be reluctant to allow an employer insert language into an employment contract that attempts to significantly deviate redefine what will constitute just cause for summary dismissal at common law.

In order to qualify for this, the Temporary Work Agency (TWA) providing agency workers (in this case, Mainstream, a major supplier of agency truck drivers based in Kent) must enter into an employment contract with their agency workers, containing particular written terms, covering details including minimum hours of work and remuneration.

Employers considering inserting non-competition or non-solicitation clauses into employment contracts should be aware that these type of clauses may result in a dismissed employee being entitled to a longer notice period.

Instead, the employer will have to provide the employees with fresh consideration to support the inclusion of the termination clause into the employment contracts and ensure that the employees are aware that they are giving up their right to reasonable notice of dismissal in exchange for the fresh consideration.

Employers typically insert termination clauses into their employment contracts to reduce the cost of terminating employees.

However, as stated above, fresh consideration is not sufficient to support the insertion of a binding termination clause into an employment contract.

«Armies of lawyers will simply put substitution clauses, or clauses denying any obligation to accept or provide work, into employment contracts, as a matter of form, even where such terms do not begin to reflect the real relationship.»