Thursday, October 4, 2007

Employment Agreement Issues

Since the beginning of the capitalist society in the world, the struggles contradictions between employers and employees have existed along with it. And also the agreements made binding by putting them on paper.

During the early days, individuals just trust and rely on each other’s words in establishing an employment agreement from the plowing of the fields, gathering of produce, herding animals and even in building and repairing furniture, houses and things.

As the changes in society go on, the word of individuals lose more credibility, what once was effective by just a handshake or a nod between people now need thousands of words written in ink. More so, it has come to that time where even written words are not enough to bind people's contracts. Notarization has now become the standard.
Employers and employees both have different needs and purposes for entering into an employment agreement.

On the part of the employer, it is a security against unscrupulous, dishonest and unfit employees. It is a way of making employees commit to the terms of employment from the work hours, job description, quality of work and compensation among many other things.

On the part of the employee, an employment agreement works to bind an employer also to labor standards and relations involved in the employment. It is a safeguard from wrongful termination, discrimination and non-payment of benefits among others.

Employment agreement is crucial to achieve a secure working relationship between employer and employees. Sometimes disputes could be avoided or easily resolved if the same had been included in the employment agreement. An example would be the manner of resolving disputes. If the agreement includes grievance mechanisms to resolve employment problems at the first instance, then there will be no confusion or impasse in case employment matters arise.

Actually, employment agreement is beneficial for both. An employer will feel secured from unnecessary and bogus suits against corrupt or untrustworthy employees who just want to claim easy money by blackmailing employers in dragging them to employment law suits unless said employers would be willing to settle the matter for a sum.

An employee actually is even more benefited by an employment agreement. People are sometimes defined by what they do and often times people work as a necessity, the only means to provide for the family. An employment agreement will give an employee job security as well as protection from harassment and discrimination. Employees are also more vulnerable from lawsuits from their employers without an employment agreement. Oftentimes, they just settle if only to avoid the costs and stress related to the problems of litigation.

In the end, it is best for both employers and employees to have a just and complete employment agreement that can be provided by an expert employment attorney. For both parties, seeking counsel is money and time well spent.



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