Write 10 sentences using the Complex Object with the infinitive and the –ing form and your active vocabulary.

Part II. Contract of Employment

When a person is offered and accepts a job - he becomes an employee. At this stage he will have entered into a binding agreement with his employer - a contract of employ­ment which provides employees with information on the terms and conditions of their employment. The difference between the contract of employment and any other contract is that there is usually no equality in the bargaining position of the parties.

Employees are appointed on either full or part-time employment contracts. A full or part-time contract can exist between the parties for an indefinite period. If employers only want to hire employees for a set period of time, they may offer them 'fixed-term' con­tracts.

An employment contract can be made orally. However, where the employer does pro­vide a contract it is usually given to the employee in writing. A well written contract will provide a detailed account of what the employer and employee agreed to at the start of their working relationship. Having something written down may help to negotiate solutions to any problems before resorting to legal action. If they do find themselves in a court or a tribunal, a written contract will provide stronger evidence than oral testimony.

Employees have no right to be given an employment contract. They only have the right to a copy of the main terms and conditions of their agreement. This document is referred to as the 'written statement of terms and conditions' or 'written particulars'.

If the employee is not given a written statement or if the statement is incomplete, he may make a complaint to the Employment Tribunal whilst in employment or within three months of having left employment. If the statement is incomplete, the tribunal can specify what ought to have been included; if it is incorrect the tribunal can amend it. However, the tribunal has no power to invent particular terms of employment. If an employee is dismissed for asking for a written statement, this dismissal is automatically unfair.

Terms appear in the employment contract either because they are expressly written into it or because they are implied by law or by statute. Many employees also have part of their terms and conditions agreed under a collective agreement between management and unions. Three types of terms form the contents of the employment contract:

Express terms

These are those that have been written into the contract and agreed upon by the parties. There may also be clauses relating to restraint of trade after employment, confidential­ity, flexibility or mobility. Flexibility and mobility clauses relate to the employee being required to do a different job (be flexible), or do it in a different place (be mobile). If the employer is expecting the employee to do any of these things then an express term should be inserted into the contract to this effect. If an employee is in breach of an express term, this will be a ground for dismissal. If an employer breaches an express term, employees have two options. They can remain in the job and make a claim for damages relating to the breach. Alternatively they can leave the job and make a claim for constructive dismissal.

Implied terms

These are not written into the contract but are implied into it either because the parties failed to include some information in the express terms or because their existence is obvious or needed to ensure the smooth running of the contract. Implied terms may impose duties or obligations on both the employer and employee. If the employee breaches an implied term, the employer will normally be justified in dis­missing him. The employer could also ask the court for an injunction to stop the employee from continuing any wrongdoing. If the employer breaches a term, the employee has the option of resigning and making a claim for constructive dismissal or remaining in the job and making a claim for damages. The action taken will depend on the circumstances in each case.

The following duties are implied into all contracts of employment.

Terms implied by statute

The employer cannot avoid these terms and cannot ask the employee to sign away any of his statutory rights. One exception to this is the fixed-term contract. Here, an employer may ask the employee to sign a document giving up the right to claim unfair dismissal or redundancy payments when the fixed term ends. Most employment disputes arise when the contract of employment is terminated. A termination of the employment contract at common law is referred to as a 'wrongful dismissal'. A termination in contravention of a statute is referred to as an 'unfair dismissal'. It is important to note from the outse t that these two claims are separate types of action. In a claim for wrongful dismissal the employee is alleging that the employer has breached the terms of the employment contract. In unfair dismissal claims the employee is alleging that he was dismissed unfairly.

The contract of employment may be terminated in any of the following ways: by agreement, by completion of a specific task, by frustration of the contract, by the death of either party, by dissolution of a partnership or liquidation, by the expiry of a fixed term, by resignation, by dismissal.

Active Vocabulary

to enter into an agreement	заключать договор
Bargaining position	позиция на переговорах
detailed account	подробный отчёт
to resort to	прибегать к (чему-л.), обращаться к (чему-л.)
to invent	изобретать, создавать, выдвигать что-л. новое
clause	условие
r estrain of trade	ограничение занятия профессиональной деятельностью
constructive dismissal	конструктивное увольнение
in contravention of	в нарушение чего-л., в противоречие с чем-л.
to allege	заявлять; утверждать, ссылаться, обвинять
frustration of contract	1) тщетность договора, отпадение смысла договора, недостижимость цели договора 2) последующая невозможность исполнения

1. Give English equivalents for the following word combinations using active vocabulary:

Заключить договор; предоставлять информацию; определенный период времени; подробный отчет; прибегать к судебному процессу; точно отражать содержание; подавать жалобу (иск против кого-л.); не иметь права выдвигать новые условия; процедура разрешения трудовых споров; четко прописано в контракте; условия согласованные сторонами; основание для увольнения; иметь выбор; возлагать обязанности как на работодателя, так и на служащего; большинство трудовых споров возникают; в нарушение закона; истечение срока действия контракта; невозможность исполнения контракта.

2. Which word is odd? You may need to consult a dictionary to distinguish the differences in meaning:

1. discrimination redundancy layoff

2. reduce prohibit forbid

3. solely exclusively primarily

4. confidential certain private

5. essential conventional important

6. fast vast swift