Employer and employee relationship is guarded by the law to safeguard the rights of the parties thereto. Also, a contractual relationship envisages duties and obligations that must be enhanced through a written document that is executed by the contracting parties. Employment contracts regulate employment relationships, and therefore it is important for such parties to draft one that is fair and agreeable to the parties. This contract has to be written, signed and witnessed for it to be enforceable. However, verbal contracts are legally binding in as far as they are equitable, conscionable, reasonable and made in good faith.
The employment contract is fundamental especially when there is a need for enforcement of clauses through the legal parameters. Also, when there is a breach of contract, there will need to interpret and enforce provisions that are contention. For example, construction agreements can be enforced by law in case of a breach. Construction defects are common in the real estate deals, and therefore you need Florida Stucco Lawyers to ensure that your employment contract is enforceable and you are compensated adequately. For enforceability an employment contract should envision the following elements;
Description of parties
The contract should duly define the parties to the contact by citing their names and address. The business of the employer must also be described adequately. The employment contract must elucidate the skills of the employee and show his desire to utilize them on favor of compensation.
The length of the agreement
It is important to note that employment is presumed based on the consent of the parties and therefore in order to rebut this presumption there must be a set duration after which the contract is annulled. Hereto, the contract should indicate the length of the original term, conditions for an extension, reduction, and termination of the term.
Having stated the position of the employee, the contract must state his duties and obligations. Detailing the scope of powers of the employee is vital in determining agency or an act of ultra vires. The working hours of the employee may also be captured in such a contract.
Compensation & Benefits
Compensation is an essential element in any employment because it forms the basis of any contractual agreement. Also, with utmost specificity, the contract must indicate the overtime pay, commissions, bonus compensation and Incentive programs.
Further, the contract must describe the circumstances that may lead to the termination of the contract. Severance terms must thereby be articulated in favor of the employee. Arbitration clauses or termination hearings are common provisions of termination in employment contracts.