Thanks so much this really helped!
I have another question, I'm studying the HR influences and I was confused about legal influences for the dotpoint about employment contracts.
When talking about common law, minimum employment standards, awards etc. are these all TYPES of employment contracts??
Thanks
Hi, diesxel!
Employment contracts are a bit tricky to grasp, because there are so many elements that fall under the employment contract.
The easiest way I remember it is by referring it back to a business situation.
When employees and employers are first introduced to each other, both parties are required to sign some sort of legally-binding agreement. This is the
employment contract -- a legally binding and formal agreement between the employer and employee.
From here, we can branch out into two different
forms of contract, depending on the industry. If the industry is sustainable enough to customise their own form of agreement, we call this the
enterprise agreement -- which is the employment contract of that specific industry.
On the other hand, we have the
awards -- which is government-based. They will supply the same information as the enterprise agreement, but the awards is government-regulated, meaning that the hours and payrates are standard across all of the industries.
Min. employment standards, and other employment contracts are all found under the employment contract, which basically refers to what is being agreed on.
Common laws are laws that
must be followed, as it is the law developed by the courts, tribunals, and judges. Think of it as: illegal vs. legal.