Conditions of Employment (HRM)

Conditions of Employment (HRM)

 

What is Condition of Employment ?

A condition of employment refers to something that both the employee and employer agree to at the beginning of a worker’s employment. Examples of items that might be brought up when discussing conditions of employment include dress code, number of vacation days, hours worked each day, break policies, work-related responsibilities and number of sick days. 

These conditions can also encompass certain benefits such as retirement plans and health insurance coverage. A condition may also include a contract that states that an employee is given employment for a certain length of time so long as the employee does not violate the terms of the contract. Workers with more valuable workplace skills are more likely to be able to negotiate better employment conditions. 

The employment relationship in Sri Lanka is based on the Employer-Employee relationship, which over the years has gained protection under the law. 

The common Law concept of the contract based on a Master and servant relationship under the Roman Dutch Law, which was later influenced by the English Law concepts.

The influence of English Law was seen mostly in the area of the rights and liabilities of the Master and servant relationship in regard to third parties.

Under the Roman Dutch Law the relationship between the Employer  and the Employee as treated as a pure contract between equals as free agents. Economic disparity between the parties would often show that the contract is not one between equals.

The contract of employment has undergone a transformation with the emphasis on the protection of the Employee's rights especially in relation to wages, conditions of employment, health and safety and termination. The modification in the Common Law have been brought about by legislation, the rise of the Trade Unions and collective bargaining and has resulted in rendering the relationship to one more of status rather than that of a strict contract.

Introduction to the Industrial Law

• The contract of employment was governed by the common low principles of contracts.
• The workers were weak in bargaining and suffered much in the hands of the powerful employers.
• Corresponding rights of employers while duties of employers were minimal and duties and obligations placed on employees.

Contract of Employment

 

 

• An enforceable agreement between two parties with regard to terms and conditions, where one party agrees to let out his/her service and other party agrees to pay.
• Any agreement or contract or employment is subject to the statutory   benefits conferred on the employees by the laws of the country.

Express Terms

Those specifically stated and applicable to the contract such as terms given in the appointment letter, various Rules/regulation, standing orders, terms in collective agreements, provision made in statutes applicable to employment etc.

Implied Terms

These terms are not specifically stated but employee supposed to know. These terms include good performance of work up to the expectation of employer, faithfulness, obedience, punctuality, giving due respect of the employer, diligence, care, cleanliness, availability to work after hours, transferability etc.

Salient Features of Contract of Employment

• Nature of Employment
• Period of probation
• Remuneration
• Superannuation
• Hours of Work
• Leave
• Retirement
• Termination of Employment
• Misconduct
• Medical Examination
• Transfer
• General

Probation Period

• All appointments are made subject to a period of probation.
• During probation period, the employer assesses the work and conduct and suitability of an employee for continued/permanent employment and the employee also assesses the suitability of the conditions of service offered to him/her.
• The period of probation is strictly relevant only to the question of termination.

Types of Contracts

Permanent Contract

These are the employee’s recruited for permanent employment. Normally they are paid monthly and required to give at least one to three months notice when leaving employment and employer should also give a the same notice when, terminating service.

Fixed Term Contract

A fixed term contract is one under which a person is employed for a fixed term without any guarantee that the contract would be renewed on the expiry of the period stipulated. However, if the contract is extended at regular intervals, the employee may have a claim to go before a labour tribunal.

Contract Labour

Some employers engage another person (labour contractor) to supply labour to perform their work. The employer enters in to a contract with a person who supplies labour and payments are made to him for the services rendered.

Trainees

A trainee is a person who has entered into a contract of training with an employer for a fixed period for the purpose of receiving practical training in a job. During the training, he may be paid an allowance, but not a salary. If the trainee’s performance during traineeship is not up to standards, the employer has the right to terminate the contract of training.

Casual Employment

Casual employee is a person employed by chance for some work and these types of jobs arise at very irregular intervals. Seasonal employment .There are certain industries where they do not require the services of labour through out the year. In such cases employees need not be kept paid during the whole year . Seasonal employees could be recruited when required & discharged after the season is over.

References 

Mighty Recruiter. (n.d.). What is Condition of Employment? HR Definitions & Examples. [online] Available at: https://www.mightyrecruiter.com/recruiter-guide/hiring-glossary-a-to-z/condition-of-employment/ 

www.acas.org.uk. (n.d.). Employment contracts | Acas. [online] Available at: https://www.acas.org.uk/employment-contracts. 

MightyRecruiter. (n.d.). What is Condition of Employment? HR Definitions & Examples. [online] Available at: https://www.mightyrecruiter.com/recruiter-guide/hiring-glossary-a-to-z/condition-of-employment/ 

reed.co.uk. (2018). Types of employment contracts | reed.co.uk. [online] Available at: https://www.reed.co.uk/career-advice/types-of-employment-contracts/.