EMPLOYMENT RELATIONSHIP

Nature of the Employment Relationship in English Employment Law



Employment Relationship

Introduction

Work is one of the major sources of social affiliation, identity, and meaning in the advanced life. The contemporary workplaces appear to be the centre of the apparently continuous changes. Ultimately, there are various arrangements in which the people are increasingly getting engaged. This paper will elaborate upon the law that regulates the formation and definition of the employment relationship (Addison, 2004, pp.392-420). The employment relationship has conventionally been laid on the individual employment contract, and has concluded the result that the rules of contract law formulated by the courts impacted significantly on the limits of the employment relationship.

Employee Relationship

There are employees and workers in an organziation, and are specified through definitions and laws. According to Amable (2003), the conditions of an employment is a service contract that is formulated on the fulfillment of three conditions, which are (i) it is agreed by the employees that, they will offer their skills and services in return of remuneration and wages to the master, (ii) they make the agreement, implied or expressive, that while performing that services, they will be subject to the other's control in a sufficient degree to make that other master, (iii) The other provisions of the contract are consistent with its being a contract of service (Amable, 2003, pp.105). In English laws, the employment relationship has a crucial and vital scope of currently, and possesses three distinct statuses:

Employee,

Worker; and

Self-employed.

The first two statutes, employees and workers, are described by their definitions. ERA 1996 elaborates that an 'employee' refers to an individual who has agreed to perform services under the contract of employment. A 'Contract of employment' is defined as a service contract or the apprenticeship, whether it is in writing or is expressed verbally (Simon, 2008, pp.121). Though the term encompasses employees (i.e. those working under a contract of employment), however, it also pertains to the individual who works under it or entered into it. It also entails other contracts, whether implied or expressed, in writing or verbal, according to which the person performs or renders any services or works for the other party to the contract that status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual (Armour, 2007, pp.89). While, the employees are described in terms of the meaning that there is a contract under which they are hired, and those who are self-employed have a contract for services.

English Employment Law

The English employment laws entail many elements that are essential for the employee and labor relations in the country and its organizations. The employment contracts and labor laws mention and elaborate upon various rules and regulations for the employees working under different categories of jobs (Norman, 2008, pp. 25-31). The employment law and labor contracts suggest that the working day in the UK is 40 hours a week for fewer than 18 and 48 hours a week for over 18 ...