What Is an Employment Contract?

Definition and Examples of an Employment Contract

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An employment contract is a signed agreement between an individual employee and an employer or a labor union. It establishes both the rights and responsibilities of the two parties: the worker and the company.

查看有关要求您签署合同的期望的信息,涵盖工作场所员工的协议类型以及就业合同的利弊。

What Is an Employment Contract?

就业合同是涵盖公司和雇员的工作关系的协议。It allows both parties to clearly understand their obligations and the terms of employment.

更具体地说,就业合同可以包括:

  • Salary or wages:合同将列出已商定的工资,工资或佣金。
  • 日程:In some cases, an employment contract will include the days and hours an employee is expected to work.
  • 就业时间:An employment contract will specify the length of time the employee agrees to work for the company. In some cases, this might be an ongoing period of time. In other cases, it might be an agreement set for a specific duration. At other times a minimum duration is laid out, with the possibility of extending that period.
  • 一般职责:Contracts can list the various duties and tasks a worker will be expected to fulfill while employed.
  • 保密: Although you may have to sign a separatenon-disclosure agreement, some contracts include a statement about confidentiality.
  • Communications: If an employee's role involves handling social media, websites, or email, a contract might state that the company retains ownership and control of all communications.
  • 好处:合同应列出所有应许好处, including (but not limited to): health insurance, 401k, vacation time, and any other perks that are part of the employment.
  • Future competition: Sometimes, a contract will include anoncompete agreementor noncompete clause (NCC). This is an agreement stating that, upon leaving the company, the employee will not enter into jobs that will put them in competition with the company. Often, an employee will have to sign a separate NCC, but it might also be included in the employment contract.

该协议的其他可能条款可能包括所有权协议(该协议规定雇主拥有雇员生产的任何与工作相关的材料)以及有关工作中解决争议的信息。合同甚至可以使员工离开公司后可以在哪里工作,以限制相关公司之间的竞争。

  • 替代名称:雇用合同,就业协议

就业合同如何工作?

根据工作和公司,您可能会遇到各种协议。

Written Employment Contracts

书面合同是明确定义角色,责任和收益并防止任何混乱的好方法。

签署就业合同之前,请仔细阅读所有要素。确保您对协议的每个部分都感到满意。如果您违反合同,可能会产生法律后果。

如果您不确定任何合同详细信息,请在签署律师之前从律师那里获得建议,以免将自己束缚在不利的协议中。

重要的是要确保您能够维护书面协议的每个部分。例如,如果合同要求您在最短的时间内留下工作,请确保您能够遵守要求。

Also, if the contract places limits on where you can work upon leaving the company, consider whether or not you are comfortable with this limitation.

Implied Employment Contract

An implied employment contract is one that is inferred from comments made during an interview or job promotion, or from something said in a training manual or handbook.

例如:

  • 可以从雇主的行动,陈述或过去的就业历史上推断出隐含的合同。
  • 员工可能已经看到或记录了自己及其同事的促销,加薪和年度评论的历史。
  • During an interview, a potential employee may be told that the employee's job is a long-term or permanent position unless the employee is fired for a good reason.

While implied contracts are difficult to prove, they are binding.

员工可以通过指出公司的行动,声明,政策和实践来证明建立了隐含合同,这使他们以合理的理由相信承诺将实现。

工会劳工协议

Members of labor unions are covered by group employment contracts that stipulate wages, benefits, scheduling issues, and other working conditions for covered employees.

如果工人认为违反合同的要素,工会合同将概述解决申诉的程序。

优点and Cons of an Employment Contract

优点
  • 明确定义职责和利益

  • 保护每个方

  • 提供稳定性

Cons
  • 限制灵活性

  • Legally binding

  • Can only be changed through renegotiation

专业人士解释说

  • 明确定义了职责和收益:There's no wondering what responsibilities are included in the job, or what the pay or benefits are, because they are spelled out in the contract.
  • 保护每个方:雇主和雇员均涵盖该协议。
  • 提供稳定性:有了一份合同,worker and the company know what to expect for the foreseeable future.

缺点解释

  • 限制灵活性:Once the employee is hired under the contract, they can't just leave if they feel like it, and the employer can't just let them go if they decide they don't need them anymore.
  • Legally binding:打破协议条款有后果。
  • 只能通过重新谈判改变:双方都必须同意对原始协议的任何更改。

关键要点

  • 就业合同是公司与工人之间的协议。
  • 它描述了角色,责任,付款和福利。
  • Employment contracts should be reviewed before signing, because there may be consequences if you don't hold up your end of the bargain.