Business Law Essay Example | Topics and Well Written Essays - 2000 words - 8

Business Law - Essay grammatical caseThis paper finds that implied terms, as it has long been considered to be integral component of the structure of usage direct, plays vital aim in the formation of terms and conditions that are applicable to the employment rack. The research is structured considering the doctrine of precedence and the employment relationship.An employment contract forms to be the basis on which an employee is employed under an employer. If there is no employment contract, the employee cannot be categorized to be an employee (Bell, p. 27). The employment contract is legally binding relationship amongst an employer and his employee that defines the structure and contents of the relationship amidst each of them and it strengthens all the claims to employment tribunals and litigates legal risks and liabilities (Leighton, p. 11). Recruitment, one of the essential functions of HRM, is a basic step to create an employment contract and relation between employer an d employee and this, if conducted effectively, can still the procedure of forming employment contract by including relevant terms and contents in it.The contract of employment is very similar to any other legal contract in many aspects. Generally, a contract of employment will be expressed in writing, but this not the case always as in the case of other contracts (Bell, p. 28). It is legally and strongly advisable to the employer to issue a written contract so that it will help mitigate all legal risks associated with employment and also to avoid misunderstandings between some(prenominal) the parties. There can be temporary of full time employment contracts as sound in which contract is agreed between the parties that it will end within a specific termination of time or it is of unlimited duration (Macdonald, p. 36- 37).The contract of employment may consist of a issuance of terms and conditions and these can either be expressed or implied. Expressed terms are those that both t he parties