EMPLOYMENT

Employment Law and Relationship

Employment Law and Relationship

Introduction

Employment relationship is a generic term, covering employment relations and various labour relations, such as the relationship of enterprise, the relationship self-employment, among others. Employment Relationship - the legal relationship is studied and regulated by labour law, marked by legal subordination, the personality of the employee, the non-event and the burden. Every employment relationship is an employment relationship, but not every working relationship corresponds to an employment relationship. In other words: Every employee is a worker, but not every worker is employed. So is that a significant part of the doctrine advocates the use of the term “employment contract” rather than contract work (Freedland, 2013, p.67). The designation of the employment relationship exactly serves to distinguish it from other working relationships. This paper demonstrates the employment relationship and its characterization that includes concept of employee and employer, and employment law and policy. This paper also demonstrates the employment tests for the claim of unfair dismissal of employee.

Discussion

It is the power vested in the person's employer, the right to this drive, east, enforce and punish your employee. The foundation of this directive power of the employer is in the business risk, made exclusively for him (Otherness thus founded the state of legal subordination of the employee). Now if the boss ark alone with the losses, it is only fair that holds the power steering of the legal relationship.

Characterization of the employment relationship

To be able to understand the relationships of employment and work is necessary to know some of the basics of employer, employee and the basic characteristics of employment.

Concept of employer

It is considered the employer company which takes individual or collective risks of economic activity, admits, salaried and directs the provision of services. The professionals, charities, recreational associations or other nonprofits institutions that employ workers as employers are equivalent to the employer for the exclusive purpose of employment.

Concept of employee

It is considered an employee the individual who provides services to any non-employer, in dependence upon this and salary, with no distinctions concerning the kind of employment and status as workers or between intellectual work or technical manual.

The employment relationship where the two ends of the relationship includes both people with the characteristics of employee and employer. The characteristic elements of the employment relationship are:

Personhood: the employee must be individual and service delivery should be very personal, since the employee cannot be replaced by another in the exercise of their activities. It is the factor by which the employer chooses its employees.

Habituation: provision of services should be continuous and not possible. The CLT does not bring the everyday expressions or diary, but speaks in continuous and habitual. Thus, the work need not be daily, but frequent and successive tract.

Subordination: means the direction and supervision of the work. Characterized by dependence employee to the employer. Stems from the power of this command, since the employee is subject to his orders. Tying may be: economic, technical, legal or hierarchical.

Burden: relates to the consideration payable by the employer to ...