Employment contract

“ Care has been taken in the opinions of the Court to reserve a field for the individual contract, even in industries covered by the National Labor Relations Act, not merely as an act or evidence of hiring, but also in the sense of a completely individually bargained contract setting out terms of employment, because there are circumstances in which it may legally be used, in fact, in which there is no alternative. ”

“ Mainly, it seeks to shift the debate from the term “contracts of employment” to the word “employee.” Today, the company emphasizes, the law often distinguishes between employees and independent contractors. Employees are generally understood as those who work “in the service of another person (the employer) under an express or implied contract of hire, under which the employer has the right to control the details of work performance.” ”

“ A working man and the workers he wishes to employ shall enter into an employment contract in conformity with the collective contract entered into between the relevant trade union and the appropriate chamber of economy or another association representing working people who independently perform activities with their personal labour and resources in citizens' ownership. ”

“ Nondisplacement of Qualified Workers
(a) Consistent with the efficient performance of this contract, the contractor shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal to employment under the contract in positions for which employees are qualified. ”

“ Whatever their worth in dealing with individual long-term employment contracts, these requirements, over and above those ordinarily found in contract law, have no relevancy when a policy manual is involved. In that case, there is no individual lifetime employment contract involved, but rather, if there is a contract, it is one for a group of employees -- sometimes all of them -- for an indefinite term, and here, fairly read, one that may not be terminated by the employer without good cause. ”

“ The contract of employment, by virtue of the statute, contains an implied provision that the employer, if the employee be injured, will pay to him a certain sum to compensate for the injuries sustained, or if death results, a certain sum to dependents. ”

“ No employer shall in any contract of employment or agreement in consideration of a contract of employment make any provision as to the place at which, the manner in which, or the person with whom, wages paid to an employee are to be expended. ”

“ The relationship must be governed by some contractual terms. There is no reason apparent why terms should be implied by some outside authority to take the place of legal terms collectively bargained. The employment contract should not be taken out of the hands of the parties themselves merely because they have misunderstood the legal limits of their bargain, where the excess may be severed and separately condemned as it can here.
We therefore consider this controversy to require no determination of rights or duties respecting picket lines broader than this contract itself prescribes. ”

“ Require any bidder, offeror, contractor or subcontractor to enter into, adhere to, or enforce any agreement that requires its employees, as a condition of employment, to: (i) become members of or affiliated with a labor organization; or (ii) pay dues or fees to a labor organization, over an employee's objection, in excess of the employee's share of labor organization costs relating to collective bargaining, contract administration, or grievance adjustment. ”

“ United Office & Professional Workers of America, D.C., 93 F.Supp. 296 (removal to federal court denied on ground that even if § 301 gives federal rights, the complaints were framed with reference solely to state law) .↑ The collective agreement was variously viewed as: (1) the mere formulation of usage or custom relevant to the interpretation of the individual employment contract; (2) a contract between the employer and the individual member-employees, negotiated by the union as the employees' agent; (3) a contract between the union and employer for the benefit of the individual employees ”

“ In an effort to avoid what it considered to be such an extreme application of the Act, the Court focused attention on the clause 'to give up any part of the compensation to which he is entitled under his contract of employment.' Viewing this clause as proof that the purpose of Congress was to protect the employees' contractual rights to receive wages from their employer, the Court reasoned that no one but the employer or one acting on his behalf possessed 'the requisite privity of contract' with the employees to be capable of impairing these rights. ”

“ A worker in part-time employment may conclude a labor contract with one or more employing units; however, the labor contract concluded later may not prejudice the performance of the one concluded earlier. ”

“ The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ”

“ Employees who choose not to join the Union, however, and who are covered by the terms of this contract, shall be required to pay as a condition of employment, an initial service fee and monthly service fees to the Union for the purpose of aiding the Union in defraying costs in connection with its legal obligations and responsibilities as the exclusive bargaining agent of the employees in the appropriate bargaining unit. ”

“ If the employer has been declared bankrupt, either the employee or the bankruptcy trustee may rescind the contract of employment, even when a term of employment contract has been fixed. (2) In the case of paragraph (1) , neither party may claim from the other any damages arising from the rescission of the contract for the future.
SECTION 9 Contract for Work Article 664 (Definition of Contract for Work) A contract for work becomes effective when one of the parties has agreed to perform a certain job and the other has agreed to pay remuneration for the result of such work. ”

“ The employer cannot compel his employee to work a day longer than he sees fit nor his contract calls for, nor for a wage that is unsatisfactory to him. It follows that the employee cannot compel his employer to give him work or to enter into a contract of hire, much less can he dictate the terms of employment. ”

“ Instead, Congress spoke of “workers,” a term that everyone agrees easily embraces independent contractors. That word choice may not mean everything, but it does supply further evidence still that Congress used the term “contracts of employment” in a broad sense to capture any contract for the performance of work by workers. ”

“ No all inclusive definition will be attempted. The possibilities of variation in contracts are too great. Certainly, however, the Court does not mean to say that the employer and employee may capriciously select a certain figure, unrelated to the wages paid, and say 'That is the regular rate of employment.' Every contract of employment is assumed, by the statute, to contain a 'regular rate,' and for each contract it is a legal, not a factual, conclusion. ”

“ The facts of the present case illustrate the propriety of submitting the dispute to collective negotiation. The Company's decision to contract out the maintenance work did not alter the Company's basic operation. The maintenance work still had to be performed in the plant. No capital investment was contemplated; the Company merely replaced existing employees with those of an independent contractor to do the same work under similar conditions of employment. Therefore, to require the employer to bargain about the matter would not significantly abridge his freedom to manage the business. ”

“ So if one person engages to work and render services which require great outlay of money, time, and trouble, and he is only to be paid according to the work he performs, the contract necessarily implies an obligation on the part of the employer to supply the work. ”

“ In addition to the requisite terms mentioned above, an employing unit and a worker may agree to have other matters stipulated in the labor contract, such as probation period, training, confidentiality, supplementary insurance and welfare benefits. ”

“ Article 16 A labor contract shall become effective when the employing unit and the worker reach agreement through consultation thereon and both parties sign or affix their seals on the copies of the contract. ”

“ Agencies shall ensure that, for contracts subject to section 2 of this order, provisions in solicitations and clauses in contracts shall provide that, in each pay period, contractors provide all individuals performing work under the contract for whom they are required to maintain wage records under the Fair Labor Standards Act ”

“ Contracts for labor, unless for more than one year, need not be in writing. If, however, the service to be rendered is unusual, the agreement should be reduced to writing, because, in the absence of specific agreement, the law assumes that customary service and wages are implied.
Like all other employers of labor the farmer is under obligation to protect his workman from injury. He must not subject them to unusual and unreasonable risks. He must hire workmen suited to the employment. ”

“ In theory the labor contract is a perfectly free contract, entered into voluntarily by both employer and wage-earner, and the courts have generally insisted that this theoretical freedom must be maintained. ”

“ An obvious situation in which the employee should not be limited to the exclusive remedial procedures established by the contract occurs when the conduct of the employer amounts to a repudiation of those contractual procedures. ”

“ Your contracts were explained to you, and their sacredness impressed upon you again and again. You know that when you make a contract you are bound to give all the labor for which your employer agrees to pay. Efforts have been made by my officers to compel you to perform labor according to agreements, that employers might have no excuse for failing to do their part. ”

“ At that time ordinary laborers under the same government received but $1.75 per day at the same place, and those engaged in the same department with the claimant in a private establishment, at the same place, received but $2 for a day's work of twelve hours, and the finding adds, 'they had more work to do than the claimant had while similarly employed.' The claimant's contract was a voluntary and a reasonable one, by which he must now be bound. ”

“ As I have stated before, the laws of these countries recognize this condition of the field of labor and uphold the employer just as our laws recognize a man’s liability when he signs a note agreeing to repay money advanced to him. When the laborer has repaid by his services the money advanced to him he can no longer be [103] held to his contract, but just so long as the laborer demands the advance of money before doing any work, just so long must he expect to be forced, if necessary, to carry out his agreement, and his services as laborer being his only asset he must give those services. ”

“ Article 8 When an employing unit recruits a worker, it shall truthfully inform him of the job description, the working conditions, the place of work, occupational hazards, conditions for work safety, labor remuneration and other matters which the worker requests to be informed of. The employing unit has the right to acquire the basic information of the worker which is directly related to the labor contract, and the worker shall truthfully provide the same. ”

“ We know of nothing to prevent the employee's, because he is an employee, making any contract provided it is not inconsistent with a collective agreement or does not amount to or result from or is not part of an unfair labor practice. But in so doing the employer may not incidentally exact or obtain any diminution of his own obligation or any increase of those of employees in the matters covered by collective agreement. ”

“ Where an employing unit fails to conclude an open-ended labor contract with a worker in violation of the provisions of this Law, it shall pay the worker two times his salary for each month, starting from the date on which an open-ended labor contract should be concluded. ”

“ Article 51 The employees of an enterprise as one party and the employing unit as the another may, through negotiation on an equal basis, conclude a collective contract on matters relating to labor remuneration, working hours, rest and vocation, occupational safety and health, insurance, welfare benefits, etc. The draft collective contract shall be submitted to the worker's congress or to all the employees for discussion and adoption. ”

“ It is undisputed that if the collective-bargaining agreement had required the contractor to pay each employee 7 1/2 cents per hour above the prevailing wage rate, and the employee had, by contract with his bargaining representative, agreed to contribute that sum to the fund, the surety would have been obligated to make good any default in the contractor's payment of that extra 7 1/2 cents per hour. ”

“ There is an implied contract, much stronger than any instrument or article of agreement between the laborer in any occupation and his employer,—that the labor, so far as that labor is concerned, shall be sufficient to pay to the employer a profit on his capital and a compensation for his risk: in a word, that the labor shall produce an advantage equal to the payment. ”