It is an inherent need of running a business that an employer, whether self-employed or employing others, has a strong understanding of employment law. They should be informed of the employee’s rights, the employer’s, and where each party stands in the terrible event that the stable working relationship fails. This article discusses the five major topics that employers and human resource departments must consider when dealing with employment legislation by LC Lawyers.
1. What You Mean by Employees and Employers
Before getting into the complexities of labour and employment law firm hong kong, it is critical to understand the parties involved and how their duties should be established.
Employed vs. Self-Employed: This distinction may be less obvious than you believe. Suppose a worker agrees to provide a service/work under contract for an organization. In that case, they are a worker employed by that organization, unless the organization uses the services of that individual’s business, in which case the worker is self-employed and thus not a direct employee of the organization. A contractor offering his services to an employer through his own business, rather than agreeing to a straight employment contract, is an example of such a scenario.
Part-time vs. full-time: This is a highly contextualized idea because the hours worked by a full-time employee in one organization may be the same as those performed by a part-time employee in another. Once an organization has established the hours that a full-time employee is anticipated to work, a part-time employee is described as a worker hired under the same contract but for fewer hours.
The crucial point to remember here is that part-time employees should not be treated any differently than full-time counterparts simply because of the difference in hours worked unless their hours are justified in the decision-making process. Part-time workers, for example, should always be paid on a pro-rata basis in contrast to equal full-time employment. Employees have the right to challenge and seek written explanations if they believe they are being mistreated based solely on these grounds.
Temporary vs. Permanent: This distinction is determined by the job contract, which we will examine later. In contrast to a continuous permanent partnership, the temporary or fixed-term worker will have an assurance that agrees to their employment for a set amount of time. Temporary workers, like part-time workers, must not be treated differently than permanent colleagues solely because they are on fixed-term contracts.
2. Legitimate Rights
These regulations regulate and offer the framework for how you will need to deal with your employees from the beginning of the recruitment process to the termination of the employment contract. They cover the definitions mentioned above of job types and every other aspect of an individual’s rights in the workplace.