Customer Inserts Grade Course (Coursework Sample)

Running Head: Business Law Assignment
BUSINESS LAW ASSIGNMENT
Customer Inserts His / Her Name
Customer Inserts Grade Course
Customer Inserts Tutor’s Name
REQUIREMENT 1 - Select a term in the contract that is written in complicated legal language
Internal Reporting
Internal reporting from the viewpoint of employment contract denotes the immediate supervising authority or next higher authority in the line of organizational hierarchy after the concerned employee position in that chart, to whom that employee would be accountable for all his day to day performances, activities and responsibilities. In addition, the concerned employee would be bound to report and inform all the relevant activities, events and ancillary information included in his job description and their progress on daily basis, to his immediate supervisor or manager.
In essence, internal reporting entails the circulation of financial data or other accumulated information by one employee or individual to another person, working within the same organization usually his or her immediate boss and the main purpose of this flow assists the designated person in making various significant managerial decisions (Allbusiness.com, 2014).
For instance, an employee would be asked or required to inform in writing to his relevant reporting authority regarding the details of activities he has been performing in office on daily. The advantage or purpose behind these phenomena would be to keep a complete track of performance of that particular employee on actual basis to ensure timely delivery of functional targets and meeting stringent deadlines.
Period of notice
In connection with the employment contracts, a term referring as a period of notice is quite essential and substantial to both parties, i.e. employer and employee. This term encompasses the number of days, weeks or months which must be served by the employee towards the company, working at his present job description, after he intimates his resignation to his employer (Certosimo and Ferguson, 2013).
Moreover, same condition would be implied or applicable, when and if an employer terminates any of his employee due to breach of employment contractual terms, misconduct, lack of professionalism or for any other reasons, i.e. the employee would be required to serve the company for such agreed number of days, weeks or months as written in his contract of employment. As in the employment contract under discussion, a period of one month is to be served by the employee after the communication of his resignation letter to relevant authority.
Furthermore, there are certain incidents and situations under which employers have given some special rights by law, to terminate a particular employee on immediate basis. These conditions may include persistent or serious breach of terms or conditions of employment contract, chargeable to any guilt with respect to serious misconduct, willful neglect in performing the core duties of employment and many others, depending on the variations in the terms of employment contract on company to company basis.
Superannuation Guarantee Charge
Superannuation Guarantee Charge (SGC) is an official phrase used for the compulsory superannuation contributions or payments made by the employers towards their employees, while they are in the service of their employment with the company (Power, 2014). An employer is bound to make such contribution, regardless of whether they are a small or medium sized or large business.
In general term, superannuation Guarantee charge is one of the component remuneration which is payable to employee from the company’s management at the time of completion or termination of his services with the company. This charge is accumulated over the years of service in the name of concerned employee in the form of fund. A certain rate is contributed by the employer applied at the current salary of the employee, which in our case is 9%. For instance, on monthly basis following would be the calculation of superannuation guarantee charge for an employee who is earning a salary of $ 20,000 a month.
Monthly Salary – basic pay------------- $ 20,000
Rate of contribution of superannuation guarantee charge by an employer------------- 9%
Superannuation guarantee charge for the month is 9% * $ 20,000 = $ 1,800
REQUIREMENT 2 - Proved a plain English ‘translation’ of the term you chose in (i) above or another term
The term which is being translated and explained with respect to the content provided in the attached contract of employment is Salary and Benefits. In simple words, salary is the term which refers to the transfer of financial resources, generally cash, from the hands of employer to the hands of employee in respect of the employment services provided by the employee to the company.
Moreover, the words Benefits attached to the salary denotes the various form of annexed or added facilities, amenities and ancillary features of employment, which is payable by the company as per the terms agreed in the contract to the employee. This form of benefits may take the following shapes;
* Medical allowances
* House rent allowance
* Fuel reimbursement allowance
* Bonuses
* Retirement Funds Benefits
* Leave fare allowances
* Travelling allowances
* Employee Share option schemes
* Any other allowances
Thus, a combination of above all or any of these identified components may take the form of benefits attached to the overall salary of an employee, which then ideally provides a final component of remuneration for that particular employee.
REQUIREMENT 3 – Highlighting and explanation of six terms identified in the employment contract
1 Your paid leave/carers leave provision is six days in your first year of service and ten days per year thereafter. The Company may at its discretion extend this allowance.
An inclusion of above statement in the employment contract is regarded as one of the vital term of this contract. However, a term is a warranty statement given by an employer in writing, the breach of which does not entails him to rescinds the contract of employment in his favor but he would be validly entitled for any damages at the expense of his employee, which could be in the shape of written warning to the employee or a salary cut.
Furthermore, the intensity involved in the conduct of violation of this particular term of employment contract on the part of employee, is not so significant. However, this action on the employee’s part could create a question mark on uniformity of disciplinary issues in the company; therefore, a proper reactionary step on the part of employer would be much appreciable.
Moreover, the term mentioned is considered as the subsidiary to the main purpose of the contract which is employment and not itself the main purpose of the contract, which can be successfully connected to the case of Betinni vs. Gye (1876), where the plaintiff was allowed to continue his remaining contract by the court of law on the same grounds. However, he was bound to pay any damages that may have occurred to the claimant to his absence of service.
2 Manager would be responsible for determining the normal span of working hours within the area of operations for the employee to meet the needs of the company and the employee would be required to work under the span advised to him or her.
In above statement / term, the ultimate authority is given to the manager of an employee to determine and select his area of functionality, while keeping in mind the core needs and requirements of the company targets. Employee is being advised to follow his instructions and work accordingly. On the face of this statement, this refers to as the condition statement because if the employee fails to act as per the guidance or instruction given to him by his manager, then this action might be concluded as the breach of basic norms and terms of the contract and thus, regarded as the willful misconduct.
As a result, an employer could terminate the services of that employee on immediate basis. Thus, a statement is one of the core conditions of the employment contract that must be followed to its fullest extent by the employee.
3 The period of notice required from the employee to terminate employment with the company during his probation period is one week, and thereafter one month with the mentioned exception in the contract.
A statement is a condition clause that must be adhered to the convenience of the employer and the employment contract because with the words or content mentioned in the contract with respect to this clause, an employee is merely bound to follow the clause of notice period otherwise this may lead to the immediate rescission of the employment contract along with the suitable cla...