Talk:Employment contract

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This article was the subject of a Wiki Education Foundation-supported course assignment, between 23 August 2021 and 17 December 2021. Further details are available on the course page. Student editor(s): Mavandyk.

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untitled

This article reads like it was written by someone with a heavy anti-employment slant. Instead of describing things objectively, with legal terminology it infers that employment is some sort of relationship of power and servitude, ie. "master-servant", "submission", "subordination", "inequality of bargaining power". This is obviously written from the point of unions and designed to sell unionization by misrepresenting employment.173.33.238.109 (talk) 17:14, 11 October 2011 (UTC)

I concur. This article needs a severe revision to be less biased, as I also find it reads with a strong pro-union bias. Arcane21 (talk) 10:35, 27 October 2012 (UTC)Arcane21

This would be a useful page for employers looking to create employee contracts. I would be interested in talking to others about the web resources currently available to employees and employers along these lines. Our portfolio of client base includes a host of prestigious and globally renowned Fortune 500 companies as well as young dynamic start-ups and fast-growing companies across all verticals. —Preceding unsigned comment added by 118.94.83.129 (talk) 06:55, 22 February 2010 (UTC)

I wouldn't even say it is "Pro union", the entire article is written from an anarchist point of view. It definitely needs a re-write RoyalBlueStuey (talk) 15:34, 13 June 2014 (UTC)

Edit suggestions

I think it would be helpful to add a section differentiating "at-will" vs "fixed term" employment status, either as a new section or expanded under the terminology section. The "structure" section should also elaborate on each item listed and cited with a credible source(s). The "criticism" section should probably be revised into a "pros vs cons" section to lend a more balanced view. The quote by Sir Otto Kahn-Freund can also be removed to make the introduction sound a bit more neutral. Vyeh3 (talk) 03:02, 26 September 2018 (UTC)

References

Garden Clauses ????

These days employers use ' Garden Clauses ' it is a form of a restrictive covenant. The objective of this kind of clauses, must be expressly written and must not be left unclear. Very often employers rely on the wrong idea that the restrictive covenants also cover "the Garden Clause '.

In fact, Employers use and abuse employees and put employees to unfair, and injured position.

Employees generally are placed on a platform of 'unequal bargaining position'.In most cases, employers throw the " Garden Clauses ' as a way to curtail the employees, to prevent the employees to join the employers competitors. The Business is all about Profit- Profit and Profit. When it comes to dollars and cents, nobody cares about employees rights. Even the employee's rights in the Employment contracts are watered down by severals ways.

The ways are :

1. Employees are not given the time to scrutinise the terms and conditions. Employees are subjected to time constraints, by immediate offer and to sign the contract of employment (its a take it or l go away ). in this modern world of global business or even in the olden days, the employees are the very party that is placed on the guillotine. The undue hardship of employees is the very subject of arm-twisting tactics applied by draconian employers. Once the employees sign the contract of employment, service contracts or supply of services contracts, the manipulation starts. At any point of the time, the employer takes the arbitrary habit of adding more obligations by their powers as employers. Most of the time the employees don't even know that new or additional obligations thought are outside of the employment contract, are added to the detriment of the employees. Employes apply the "FEAR FACTOR'." Do as I say or be terminated, or your contract will not be renewed, extended or fires or terminated. The employers would put the employees into a doldrum,. During these moments of time employees get into the 'mind game', The fall prey to the Narcissistic Employers ( usually the HR Practitioners who are subordinate to the Company Owner or Directors with Interest also collude, as these HR's better follow the Company's decision or also get, the same "garden Clauses placed on their head ).

2. Economic Crisis sparked by the many events external effects on the Employers/ Companies. But not all economic crisis are a legitimate reason to fire, terminate, non- extension of the contract of employment. In many countries around the world. Politicians, MP's act as decision-makers, some even have pecuniary interest or non -pecuniary interest. From their political places of prominence, they become or project of anti- retrenchment patrons. As such, they also sit as directors and Chiefs in Organisation that is signing on retrenchments, terminations, non- renewal of contract or even imposing 'garden clauses" One would wonder, why are these leaders acting in breach of Corporate Governance, holding so many position in many companies at the same time , yet in the public arena the y play anti- retrenchments symphony.( while signing on so many unfair decision such as the 'Garden Clauses? )

3. It is made to believe that the "Garden Clauses' are proactive and fair to the employees. Well, even court decision shave been very unpredictable. Many journesl are written by law societies that side the Employers, especially in a Commerce Orientated Nations, where the trust tillets towards the Business entities but putting the employees into injustice, sometimes I wonder if the decision is even of the public interest or private interest. or if the courts are partial. Where is the equity of unconscionability? An employee, in his /her lifetime would have gone through these kinds of injustices several times repetitiously.

4. Good employees are also sandwiched with the "garden leave' How ? The "garden leave : turns very unfavourable when they attend interviews to get a job. Prospective Employers read these. Garden Clauses in a prejudicial way, putting a social stigma on the employees.Why, even the State run unemployment system are full of social workers that apply their prejudicial opinions to bar the financial assistance rightfully of the unemployed.

5. The "time Bar' that stipulates that employees who are a subject of duration clause, as they are still employed while the subsistence of the " Time within the Garden Clause " can only get any job or assistance upon the expiration of the Garden Clause and the stipulated Time " The point is many poor and destitute are vulnerable to these, termination, retrenchments, non- intention or whatever name they call it, and the label the employer uses' to end the contract of employment is subjected by the tyranny and the risk of the social stigma placed by prospective interviews over employees to get a new job.

6. Where is the Constitutional Protection and the articles that protects the people. All are equal under the law, But employers are more equal than all others.

7. Where is the phrase " Equity Darling ? and what evermore?

8. Do you think justice is an exclusive jurisdiction of the Court of Law?

9. Is there access to the courts, or are thee lawyers that worship pro bono services or are they also arm twisted to sid ethe Employers against the employees?

10. Is that, the poor employees are pressed to accept the reality of Capitalist must win at all time against and legitimate right of the poor employees pressed down by the variety of restrictive Covenant cum 'garden Clause"

Where is Justice?

11. Where and what are the Labour Foundations, Workers unions, Employment Laws, Ministry of Manpower?

12. Every term, of the employment, are created and enforced, to protect the employers, but the terms of protection to the employees are watered down by counter clauses after clauses.

13. where is the so-called "Equal Bargaining Powers" in the 'garden clauses'?

14. The COVID 19 actually caused so much evil over the workforce and many employers are taking advantage of the 'Garden Clauses' while also placing an undue burden on good employees. in fact, opening the employees to furter unfair prejudicial accusations and social stigma to the poor employees the worker bees of a nation.

15. There is even legal conundrum, of "Garden Clauses' when the contract of employment has no such " Garden Clause' expressly stated form the very beginning of the contract. These terms suddenly is said to have been agreed upon at the retrenchment points.

16. The worst is the duty for employees to adhere to the "garden Clauses " with good faith, confidential, faithful and fidelity, my foot!

17. The whole injustice of "garden clauses" raises so many unselled issues.

18 can and employees resist the "garden Leave "

19 Can the employee be subjected to 'Garden clauses' in the circumstance, there isn't the clear expressed clause of 'Garden leave '

20.The idea behind the "garden Clause ' is to restrict the employee to work in with the competitor of the Employers . Is that fair in a situation there is no such competition, but merely an imagination by the employers.

21. If the employee were to land a job with a new employer. If the new employers business is not in any way a competition- should the _Garden clause " become still operative on the employees?

22. The doctrine of restrain in business is to protect trade not to use and abuse employees.

23. it is just & convenient for the employers to bring a restrain on the employee. Dont they have the burden of proof to persuade the court.

24.In a specialised kind of work, where the employee services are limited and has no other places of having a chance to do his kind of specialised work.... and there is no competition as such. Do you think the employee still must be subjected to "garden Leave and its VICIOUS CYCLE od constrains?

25 Laws are made to be Fair and Equitable nor to be used unfairly or arm twisting good workers/ employees. It is a grave sin to use and abuse genuine workers, who HAVE NOT breached the duty of fidelity, good faith and Trustworthy.

25 Even if Employers have paid the employees the during the 'garden leave 'employer must ensure not to breach outstanding express and implied clauses such as that of good faith, fidelity and mutual trust and confidence.

Last but not lease, G-d is the Justice the Tzaddik that watches every evil done to the poor worker bees, noting escapes HaShems eye but HaShem will make justice manifest itself. Justice ! Justice and Justice you will purse, for I AM G-d, the LRD that liberates the poor and the oppressed. Curses and Curse I will send on the oppressor till he let my People GO!

Yes I cry in Silence to HaShem My G-d ! There must be a place for me to speak and cry out in silence , for i am oppressed by the employer with their "graden Clause' I am placed on a social stigma ! — Preceding unsigned comment added by 171.0.147.141 (talk) 10:36, 1 August 2020 (UTC)

Employment

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"Contract labor" listed at Redirects for discussion

The redirect Contract labor has been listed at redirects for discussion to determine whether its use and function meets the redirect guidelines. Readers of this page are welcome to comment on this redirect at Wikipedia:Redirects for discussion/Log/2024 March 13 § Contract labor until a consensus is reached. Jay 💬 21:58, 13 March 2024 (UTC)