A proven method would be to sit down with your co-worker and confirm and sketch everything that has been agreed orally. Prepare a formal employment contract and submit it to the employee. In essence, a written agreement allows a small entrepreneur to protect himself and his business. If you are confused and need advice, contact the Employsure team. A legally binding employment contract between the employer and the worker defines the conditions of employment. The provisions of employment contracts generally include an explanation of pay, health care and paid leave, pensions, workers` redress procedures and other specific conditions of employment. Regardless of the conditions, an employment contract is intended to ensure the protection of the employer`s interests and the fair treatment of workers. There are four important things that need to be done to make an agreement legally binding and enforceable. This applies to all agreements, including oral employment contracts: in my capacity as mediator or arbitrator, I would have considered that there was a binding agreement without compelling proof to the contrary. A staff member who wishes a written statement can request an oral or written statement. As a general rule, it is best to request the return in writing and keep a copy of the letter so that you can prove that you have requested the return.
Also known as handshake contracts, oral chords are often used by small entrepreneurs because they are comfortable. Many small entrepreneurs want their employees to trust them and, as such, they consider that a documented contract is not necessary (or too formal). What many small entrepreneurs do not know is that these oral contracts are legally binding and that, when there is a dispute, it can give rise to a multitude of definitive questions. As readers know, if the employer has a verbal agreement to hire someone, it cannot simply enter into a written contract without offering new consideration. This notion of non-signature is therefore no stranger to the working relationship. An employer should also set out its expectations with caution – which, of course, is easier to prove in a written agreement. So why do lawyers insist that agreements be written, signed, dated and attested? It is not because these things are necessary to reach a binding agreement.