最佳人力资源教案-Obligations Contracts Discipline.ppt

Background contract - central to Er-Ee relationship (offer, acceptance, consideration) negotiated/agreed plus common law/statutory regulation socio-econ. exchange - open-ended unlike commercial contracts job contracts managerial power/authority an equal balance in service relationship? subordination to reasonable legitimate authority employer determines organisation of work and standards (reasonable) delivery of performance, motivation + loyalty, commitment common law duties of employer employee Express and implied terms (general obligations) express or implied, verbal or in writing “usually concluded orally by people who rarely think out still more rarely express, any terms” 1940 subject to statutory regulation Changes to the Contract? mutual consent? within scope of effort-reward relationship? within employer’s (reasonable) operational discretion? Vicarious liability Negligence employer liable for negligent/wrongful acts omissions of employee in course of employment. Employment Rights Act 1996 Consolidated earlier Acts repealed in whole or in part Unaffected Equal Pay Act 1970 Sex Discrimination Act 1975 Race Relations Act 1976 Transfer of Undertaking (Protection of Employment) Regulations 1981 Disability Discrimination Act 1995 RIGHTS AT WORK? be clear on what is expected of you? know how your manager sees your performance? get on with your job in your own ways, once constraints objectives have been agreed? make mistakes occasionally? have a say/veto in who works for you? expect work of a certain standard from your staff? criticise performance when it falls below an agreed standard? be consulted about decisions which affect you? take decisions on matters which affect your department? refuse unreasonable requests? Employer obligations to employee pay contractually agreed remuneration provide work? give lawful instructions only treat reasonably with respect, trust confidence provide sound supervision job instruction? observe provisions relating to