Written or Oral Contracts

2089 Words Sep 9th, 2010 9 Pages
Employment is a relationship between an employers and employees. This relationship is extremely important, as it becomes a part of our daily life. Aside of being a professional relationship, in many cases it becomes a personal and expressive one. In today's work place, if the conditions of employment are excellent, and the employees are treated with fairly, it is more likely that they will be pleased, and their productivity will increase. However if the environments in the work place are poor or not suitable, we will have the total opposite results.

To avoid any complications or misunderstandings between employers and employees, this relationship is governed by rules and laws. The basis of these rules is the ESA (Employment
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During the application and interview stage, the management is able to ask potential employees to provide them with information of any health problems. The management can inquire of any reason that might prevent an employee to perform his/her duties. If the employer would like to go into medical testing, they should wait until the decision to hire the person is made. Testing should only be performed in direct relevance to the job performance. Hiring the employer is now ready to offer the successful candidate a position with the organization. Both employer and employee should set out the standards of their employment relationship. Before the new employee starts, the employer should set the specific duties that can help to enforce variable issues in the relationship. Before an employer hires an employee they should keep in mind the potential minefields that can be avoided.

When hiring a new employee you must make sure that the new employee does not have an existing employment contract with his/her current employer. This will help ensure that you will not be liable for any legal action against you for inducting breach of contract. In cases where an inducing breach of contract occurs, the former employer will have to prove that the current employer acted deceitfully or in bad faith. The current employee must have a valid argument against the claim. The current employer will have a defense if they can prove that by hiring the new employee they acted bona