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The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance ofimplied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to thepractitioner and the academic.
This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Contains 15 essays which discuss from diverse national perspectives obligations workers owe their employers and those owed by employers to their employees.
Get Your Career Off on the Right Track! Everything Physicians Need to Know About Employment Contracts COMPENSATION AND BENEFITS *Dangers of productivity compensation *Common incentive compensation formulas - what needs to be included *Benefits to look out for in addition to your compensation *How to determine if you are "disabled," and how the employer should NOTbe able to make this determination *What the employer can, and can't negotiate as far as benefits *Stark law traps, and how to avoid them RESTRICTIVE COVENANTS *What's really important in restrictive covenants, and what isn't worth negotiating over *Minimizing the impact of a restrictive covenant *How you can be released from a restrictive covenant *Negotiation strategies in buy-outs of restrictive covenants CALL COVERAGE *The language you must have DEFINING WHAT IS EXPECTED OF YOU *Patient contact hours expectations *What flexibility an employer will demand THE TERM OF THE AGREEMENT *Issues with hospital and managed care credentialing, and how to work around them *Grounds for termination *"Without cause" termination issues OTHER ISSUES IN AGREEMENTS TO WATCH OUT FOR *Medical record issues *Assignment of location of service *Budgetary weasel language to avoid *Malpractice issues in common provisions MALPRACTICE INSURANCE *The types of coverage, and the significance when you leave *Need for "tail coverage" *How to minimize the devastating cost of "tail coverage" PRIVATE PRACTICE ISSUES *Time to ownership *Concerns with "guaranteed" ownership *Costs of the buy-in *Methodologies for determining the buy-in, and the pros and cons of each *Why a cheap buy-in may not be in your best interest *What provisions are absolutely vital in regard to future ownership
The book covers seven countries: Belgium, Germany, the Netherlands, Spain, Sweden, and the UK, as well as Israel as a comparator outside Europe. Data was collected from over 5,000 workers in over 200 organizations, and from both permanent and temporary workers, as well as from employers. --
This book discusses the need of a legal protection at national and global levels to address the use of temporary employment contracts by employers. Chapter 1 reviews some theories of job security, showing how job security issues should be regulated in labour laws to protect workers and also how temporary contracts affect job security. Chapter 2 examines legal protection of job security in temporary contract in international contexts where it examines the concept and need for job security and job protection especially for temporary contracts based on three United Nations’ instruments, namely, the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR). Chapter 3 studies the ILO standards in relation to job security and temporary contracts as well as those covered by the Philadelphia Declaration and other conventions and recommendations. Chapter 4 discusses Islamic jurisprudence on jobs and job security. The main aims of this chapter is to provide the framework for protecting workers as a means to enhance job security in the world especially in Islam. It discusses Islamic jurisprudence concerning work and job conditions. The Islamic precept is based on the Qur’an and Hadith and these sources are used to explain the concept of jobs in Islam. In addition, this chapter also examines the Cairo Declaration on Human Rights in Islam (CDHRI).
Addressing both the common law rules on jurisdiction, and special rules on employment within the European regimes for jurisdiction and choice of law, this book provides essential information for the application of relevant rules in both employment law and private international law, and explains the context in which they operate.
Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.