ASPECTS OF CONTRACT

Aspects of Contract



Aspects of Contract

Task 1

The Fixed-Term Contract

The fixed-term contract is an employment contract, which is characterized by the prior determination of its duration and that it resolves automatically at the expiry of the time limit.

Terms and Conditions

The courts of Law has defined following terms and conditions in decision in The Department For Work and Pensions v. Webley

There is no upper limit on the duration of the contract term (Bhana, et al., 2009, pp. 24-26).

The contract extension is allowed only once and only in the case of the initial contract period of less than three years.

In the case of extending the total duration of the relationship may not exceed 3 years (Stoner & Irving, 2008, pp. 35-50).

The contract extension is permissible if it refers to the same work for which the original contract was signed, but the reasons may be different provided that due to reasons of technical, productive, organizational and replacement.

The fixed-term contract can only be concluded before the expiry of the agreement of both parties or for termination for cause (Plimpton, 2007, pp. 3-61).

The Open-Ended Contract

The open-ended contract is a contract of employment in a stable because it lacks a deadline (Whincup, 2006, pp. 21-33).

The terms and conditions of open contract are defined in the case law Wiltcher v. Bradley, 708 SW 2d 407 (Court of Appeals of Tennessee, 2007) and they are as follows:

The cause, as for most of the employment contracts except that formative nature, which has a dual cause, is represented by the exchange between the performance of the worker and the salary given by the employer.

The object is made of his work.

The Law 247/2007 reiterated that the employment contract is concluded for an indefinite period of rule. As with most contracts, the employment contract can be dissolved by mutual consent of the parties.

The Part-Time Contract

It is a contract of employment, permanent or temporary, characterized by the development of working hours below the normal of 40 hours per week or less fee by collective agreements (Binding Contracts and Legal Actions Predicated on Breach of Contract, 2000).

The terms and conditions are provided by the case law of Defrenne v. Sabena (No. 2), Case 43/75, [1976] and they are follows:

The contract must also contain the precise indication of the duration of work performance and its timing, with reference to the day, week, month and year.

In relation to the timing of the defendant's work performance, work part-time may take three different forms:

Horizontal shorter working hours than the normal daily schedule;

Vertical time full-time job but only in predetermined periods during the week, month or year;

Mixed: work schedule combined with the method of part-time horizontal and vertical planes.

In the case of adoption of flexible or elastic clauses in the ratio of part-time work, the changes relating to the timing of the performance or increase working time agreed, at least 5 days and are allowed only in the presence of specific regulations identified by collective ...