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CONTRACT OF EMPLOYMENT AND COLLECTIVE BARGAINING

An employment contract is an agreement between an employer and an employee at the commencement of the period of employment and stating the exact nature of their business relationship, specifically what compensation the employee will receive in exchange for specific work performed.

The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. Many terms and conditions of the contract are implied by legislation, in such a way as to restrict the freedom of people in order to protect employees, and facilitate a fluid labour market. As an example in many countries is the duty to provide written particulars of employment with an employee. This aims to allow the employee to know concretely what to expect and is expected in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not, for instance, agree to a contract which allows an employer to dismiss them unfairly.

There are certain categories that people may simply not agree to because they are thought categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is. There are two ways of termination. According to the employment contract an employee have the right to leave the job and such decision is called voluntary termination. Such an action is commonly known as "resignation", or "giving notice". Involuntary termination refers to the employee's departure at the hands of the employer. Some terminations occur as a result of mutual agreement between the employer and employee.

There are differing classifications of workers within a company. Some are full-time and permanent and receive a guaranteed salary, while others are hired for short term contracts or work as temps (temporary workers) or consultants. These latter differ from permanent employees in that the company where they work is not their employer, but they may work through a temp-agency or consulting firm.

Collective bargaining is the process whereby workers organize collectively and bargain with employers regarding the workplace. Collective bargaining permits workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace. Workers gain a voice to influence the establishment of rules that control a major aspect of their lives.

Employees can be organized into labour unions (American English), or trade unions (British English), they represent most of the available work force in a single organization. Ukrainian law entrusts trade unions with significant powers. The Universal Declaration of Human Rights identifies the ability to organize trade unions as a fundamental human right. The International Labour Organization's Declaration on Fundamental Principles and Rights at Work defines the "freedom of association and the effective recognition of the right to collective bargaining" as an essential right of workers.



A collective agreement or bargaining is a labour contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (represented by management, in some countries by employers' organization) in respect of the terms and conditions of employment of workers, such as wages, hours of work, working conditions and grievance-procedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a Collective Bargaining Agreement or as a Collective Employment Agreement.

 

 

II. COMPREHENSION

1. Are the following statements true or false? Find reasons for your answers in the text.

1. Trade unions have powers to conclude a collective agreement on behalf of the employees.

2. Collective bargaining is a process of negotiation between the representatives of local power and trade unions.

3. An applicant should be employed only on a full-time work as provided for by the law.

4. The monthly wage of an employee shall not be less than a minimum wage established by law.

5. Trade unions may represent employees in individual and collective disputes with an employer.

6. The particulars of an employment agreement should be done only in oral form.

 

 

2. Explain the meaning of the following words according to the text:

o trade union

o full-time work

o termination

o contract of employment

 


Date: 2015-12-17; view: 947


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