Contract of Employment

under Soviet law, an agreement between a worker and an enterprise, institution, or organization, according to which the worker is obligated to work in a given job (specialty, qualification, or function) and to adhere to the rules of the internal work order. In turn, the enterprise, institution, or organization is obligated to pay the worker a wage and to ensure the conditions of labor provided by labor legislation, the collective agreement, and the agreement between the parties. The conditions of labor, including payment, that are provided by labor legislation and the collective agreement are not worked out by the parties in a contract of employment; however, the obligation of the administration to provide these conditions derives from the contract. If the conditions of a contract of employment worsen the position of the employee in comparison with or in contradiction of standards specified in labor legislation, the contract is void.

A contract of employment may be concluded for an indefinite term, for a definite term not exceeding three years, or for the period needed to complete a specific job. This is usually determined by direct agreement between the employee and the manager of the enterprise or institution.

A contract of employment may be concluded in oral or written form. Hiring is formalized by an order or instruction of the management presented to the employee for his signature.

A contract of employment providing for work of an indefinite period may be dissolved by the employee on the condition that he give one month’s written notice. On the initiative of the management, a contract of employment may be dissolved only in cases specified by law and only with the consent of the local, factory, or plant committee.

In capitalist countries a labor contract is legally a contract of personal hiring, but in economic terms it is a contract of forced sale of man power by an employee to a capitalist.

REFERENCE

Smoliarchuk, V. I. Sotsialisticheskii trudovoi dogovor. Moscow, 1974.

contract of employment

an agreement whereby a worker undertakes to work for an employer in return for a wage or salary. In the UK most workers are entitled to a written statement of the main elements of the contract, such as rates of pay, hours of work, and notice requirements. These are referred to as the terms and conditions of employment. It is usual for a brief JOB DESCRIPTION to be included in this statement. However, this document is not necessarily the full contract: the requirements stipulated in a separate company rule book and any agreements reached through COLLECTIVE BARGAINING also form part of the contract. Legally, this is encapsulated in a distinction between ‘express terms’ and ‘implied terms’: the former are explicitly part of the contract document signed by the employee whilst the latter are the other elements of the contract that are not explicitly agreed between employer and employee but which are nevertheless held to form part of the agreement in law.

The contract provides rights and imposes obligations on each party to it. The employer has the broad right to direct the work of the employee: what to do and how to do it. If the employee fails to carry out their allotted duties satisfactorily the employer can terminate the contract. However, the employer must have a valid reason for sacking the employee and must have carried out the termination in accordance with an acceptable DISCIPLINARY PROCEDURE. If the employee feels that they have been dismissed unfairly or that proper procedures have not been observed, they may take an UNFAIR DISMISSAL case (for reinstatement or compensation) to an EMPLOYMENT TRIBUNAL. See PRINCIPAL-AGENT THEORY.

单词	contract of employment
释义	contract of employment contract of employment or contract of service n (Industrial Relations & HR Terms) a written agreement between an employer and an employee, that, taken together with the rights of each under statute and common law, determines the employment relations between them Contract of Employment Contract of Employment under Soviet law, an agreement between a worker and an enterprise, institution, or organization, according to which the worker is obligated to work in a given job (specialty, qualification, or function) and to adhere to the rules of the internal work order. In turn, the enterprise, institution, or organization is obligated to pay the worker a wage and to ensure the conditions of labor provided by labor legislation, the collective agreement, and the agreement between the parties. The conditions of labor, including payment, that are provided by labor legislation and the collective agreement are not worked out by the parties in a contract of employment; however, the obligation of the administration to provide these conditions derives from the contract. If the conditions of a contract of employment worsen the position of the employee in comparison with or in contradiction of standards specified in labor legislation, the contract is void. A contract of employment may be concluded for an indefinite term, for a definite term not exceeding three years, or for the period needed to complete a specific job. This is usually determined by direct agreement between the employee and the manager of the enterprise or institution. A contract of employment may be concluded in oral or written form. Hiring is formalized by an order or instruction of the management presented to the employee for his signature. A contract of employment providing for work of an indefinite period may be dissolved by the employee on the condition that he give one month’s written notice. On the initiative of the management, a contract of employment may be dissolved only in cases specified by law and only with the consent of the local, factory, or plant committee. In capitalist countries a labor contract is legally a contract of personal hiring, but in economic terms it is a contract of forced sale of man power by an employee to a capitalist. REFERENCE Smoliarchuk, V. I. Sotsialisticheskii trudovoi dogovor. Moscow, 1974. contract of employment contract of employment an agreement whereby a worker undertakes to work for an employer in return for a wage or salary. In the UK most workers are entitled to a written statement of the main elements of the contract, such as rates of pay, hours of work, and notice requirements. These are referred to as the terms and conditions of employment. It is usual for a brief JOB DESCRIPTION to be included in this statement. However, this document is not necessarily the full contract: the requirements stipulated in a separate company rule book and any agreements reached through COLLECTIVE BARGAINING also form part of the contract. Legally, this is encapsulated in a distinction between ‘express terms’ and ‘implied terms’: the former are explicitly part of the contract document signed by the employee whilst the latter are the other elements of the contract that are not explicitly agreed between employer and employee but which are nevertheless held to form part of the agreement in law. The contract provides rights and imposes obligations on each party to it. The employer has the broad right to direct the work of the employee: what to do and how to do it. If the employee fails to carry out their allotted duties satisfactorily the employer can terminate the contract. However, the employer must have a valid reason for sacking the employee and must have carried out the termination in accordance with an acceptable DISCIPLINARY PROCEDURE. If the employee feels that they have been dismissed unfairly or that proper procedures have not been observed, they may take an UNFAIR DISMISSAL case (for reinstatement or compensation) to an EMPLOYMENT TRIBUNAL. See PRINCIPAL-AGENT THEORY. ThesaurusSeeemployment contract
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contract of employment