Individual employment law deals with the relationship of an employee and employer, in which there are some employment rights provided by the state and federal government irrespective of the business area where an employee is working or whatever is signed in the employment agreement. These employment rights protect an employee from any kind of discrimination by the employer based on sex, caste, religion, origin, nationality and color. The discrimination could be effecting the promotion, progression or creating adverse environment at the workplace for an employee. In these kind of discriminations, the employee can take legal help against employer.
Other than the above mentioned scenarios, there have been cases of disputes between an employee and employer. The following areas are covered under legal settlement based upon individual employment relations:
Employment agreement: This agreement is signed by the employee and employer at the time of employment. It contains various clauses relating to salary, leaves and information about company’s policies. By signing the employment agreement means both the parties are abiding by what is written inside. If any of the party does the wrongful which contradicts the employment agreement, then the other party can take legal help and ask for his/her rights as well as compensation.
Retrenchment/dismal of employment: If employee is not employed under ‘zero-hours contract’, an employer has to provide ‘Just Cause’ for the dismissal or retrenchment of the employee. Failing to provide the Just Cause can lead to cancellation of retrenchment of the employee from the court. Conditions for retrenchment are also mentioned within employment agreement most of the times. Going out of scope of the agreement without providing any proper reason is not just and legal.
Sometimes, there are some promises made by the employer at the time of employment like “I will promote you after a year of joining”. The verbal promises made can also cause legal action from employee if not fulfilled in countries like UK.
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