Ius Laboris provides expert guidance to employers on the employment rights of their employees.
The employment contract of each individual is their starting point – and vitally important to get right. We offer advice on terms and conditions and on any unusual or tricky areas, such as non-competition clauses. The better the employment relationship is set up, the better the chances it will continue and thrive.
Individual employment contracts
This chapter reviews recent developments in the study of individual employment contracts. It discusses three reasons for an employer and an employee to have a contract: (1) to allocate risk in a way different from a spot market; (2) to enhance the efficiency of investment decisions by protecting the return on investments made by one party from being captured by the other; and (3) to motivate the employee by making compensation depend on performance. The main emphasis is on issues that arise from the problems of enforcing contracts in practice and from renegotiation by mutual agreement.
Individual Employment Contracts
For the reasons set out above, most employment relationships are governed by a modern award or an enterprise agreement. Except in limited cases, it is no longer lawful for an employer to offer or to require an employee to accept an individual statutory agreement (e.g. an Australian Workplace Agreement or an Individual Transitional Employment Agreement). An exception to this is for an Individual Flexibility Arrangement (IFA). An IFA can be made where an employer and employee genuinely agree to vary a term of a modern award. The employer must ensure that any IFA results in the employee being better off overall than if no IFA was entered, and it must be in writing and signed. If the employee is under 18 years old, the employee’s parent or guardian must sign the IFA. Individual Flexibility Agreements can be terminated in accordance with the process set out in the relevant award.
Types of employment agreements » Employment New Zealand
Collective employment agreements are negotiated by registered unions (representing employees who are members of the union) and employers. Employees who are union members and covered by the collective agreement coverage clause must be on the collective agreement.
Other things to note:
Employers must not unduly influence employees to join or not join a union.
A new employee who is a union member can show they agree to the terms and conditions of an existing collective employment agreement by signing an offer of employment (but the collective agreement will apply even if they don’t).
If the employee is covered by a collective employment agreement, they can also have additional individual terms. These should be set out in writing and signed by the employer and employee.
Collective employment agreements has more information about individual terms and agreement options.
Individual Employment Agreement Definition | Human Resources sep HR
Individual Employment Agreement is the contract between an employer and an employee under which an employee agrees to work for the stated remuneration. This type of contract binds between those two parties only. Individual Employment Agreement is legally binding which means if one party doesn’t stick to the agreement then other party can legally enforce the agreement through Employment Relations Authority.
Individual employment relations | Eurofound
ndividual employment relations are the relationship between the individual worker and their employer. This relationship is shaped by legal regulation and by the outcomes of social partner negotiations over the terms and conditions governing the employment relationship.
Jump to: Employment status, Conditions of employment, Employment relations and rights
The concept of individual employment relations broadens the coverage of EU labour regulation from the narrower scope of the ‘contract of employment’, based on the criterion of employee subordination to the employer.
Individual employment relations have been a core interest of the European Union from its inception in the context of creating a common labour market for all workers, including self-employed workers, and guaranteeing their rights to free movement and social security. Individual employment relations have also been of concern to the EU due to labour’s role as a factor of production in European economic integration. Labour costs, particularly indirect labour costs, are an element of competition between enterprises in different Member States, particularly since the global financial and economic crisis struck Europe in 2008. The crisis and the related impact on industrial relations and working conditions are changing the world of work in Europe.