Cipd-3mer

Physiotherapist – A Physiotherapists work with individuals of all ages, couples and families to help them overcome any psychological or physical problems that they may have.

The main features of legislation relating to contracts of employment are outlined in the terms and conditions within a contract of employment. Information about this is included in the handbook for the NJC currently known as the Green Book. Contracts help to protect the rights and responsibilities of both the employer and the employee. Contracts must contain general information about the employee and the employment in which they have been employed: this includes information on the employee's name, date of commencement of employment, position appointed ,employment conditions, rights and responsibilities of the employee, expected duties and information on grade and point scale in relation to pay. Employees are expected by law to follow the terms set out in their contract until employment is terminated by either party.

Workers have the right to 11 hours rest between working days (eg if you finish work at 8pm, they shouldn’t start work again until 7am the next day).

First, it is crucial to know and understand which law governs the employment contract. According to Seaquist, contract law is governed by the common law or the Uniform Commercial Code (UCC) (Seaquist, 2012). If the contract handles the sales of goods, it is governed by the UCC (Seaquist, 2012). If the contract handles anything besides the sale of goods (such as real estate, insurance, personal services like employment, etc.) then it is governed by the common law (Seaquist, 2012). When a business or employer hires an employee to join the staff,

When a new employee starts with a new company, there are several internal and external factors that can affect the employment relationship. An internal factor could be training. If an employee does not get sufficient training or the training that they may have been promised at the start of employment

They are entitled to core employment rights and protection such as receiving national minimum wage and unlawful deductions from their wages.

Temporary contracts, like fixed term contracts are usually contracted for a specific period of time. Temporary workers can be seasonal, contractors/freelancers, casual and/ or agency workers.

From day one of the temporary assignment the worker is entitled to the same access to job vacancies as permanent members of staff and collective facilities such as staff canteens, childcare facilities and transport services. A third type of employment status is volunteer workers who are individuals who carry out tasks or services of their freewill and without payment, often, though not necessarily, for charities. Volunteer workers are not in a contractual relationship with an organisation as there is not intention to create legal relations, no financial remuneration and no enforceable obligations on either side.

1.1 Describe at least two purposes of performance management and their relationships to business objectives.

Firstly, employment tribunals and the courts have interpreted the concept of ‘workers’ too narrowly, by limiting the common law interpretation of ‘workers’ under section 230(3) of the ERA 1996 and rights conferred on workers. Under section 230(3) ERA 1996, ‘worker’ is defined as “an individual who has entered into work: under a contract of employment, or any other contract express or implied… to do

A worker’s working time, including overtime, shall not exceed an average of 48 hours for each seven days. It is currently possible for workers to sign a written agreement to opt out of the 48 hour weekly maximum. The agreement to opt out can be ended by the worker giving notice in writing. Under the Working Times Regulations 1998 the length of the notice required to opt out cannot be for a period of less than seven days or more than three months. Health and safety at work act 1974 also impacts on working time and breaks giving both parties time to recharge not being over tired. The employer has a more productive workforce if it they are not over worked.

The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).

Awards are legal documents detailing the minimum terms and conditions of an employee’s job which involves wage rates, sick leave, holidays, overtime and other various minimum conditions. Employees are covered only by the award specific to their occupation or industry.

(a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and

Whether or not a worker is employed as an employee (contract of service) or independent contractor (contract for service) is viewed by many courts as a mixed question of fact and law. If the relationship is solely dependent upon the true construction of a written document it is regarded as a question of law. But, if the relationship has to be determined by an investigation into the factual circumstances in which the work is performed it must now be regarded as a question of fact. The written contract containing both expressed and implied terms and conditions of employment is relevant but not conclusive when determining between an employee and independent contractor, and whilst the proposed Independent Contractors Act 2006 (Cth) naturally reflects the code and conduct of independent contractor, the simple definition of the term is still absent. Thus, it is necessary to turn to the principles underlying common law for determining the nature of the work relationship that exists between two parties where services are being provided in exchange for remuneration.