Employment
Overview
Employment is a contract
between two parties
, one being the employer and the other being the employee. An employee may be defined as:
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
between two parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
, one being the employer and the other being the employee. An employee may be defined as:
- "A person in the service of another under any contractContractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
of hireHireHire may refer to:*Employment*Rental*Payment for the use of a ship under a time charterHIRE may refer to*Hiring Incentives to Restore Employment Act, a United States law enacted in 2010...
, express or implied, oralOral contractAn oral contract is a contract the terms of which have been agreed by spoken communication, in contrast to a written contract, where the contract is a written document...
or written, where the employer has the power or rightRightRights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
to control and directManagementManagement in all business and organizational activities is the act of getting people together to accomplish desired goals and objectives using available resources efficiently and effectively...
the employee in the material detailMateriality (law)Materiality is a legal term which can have different meanings, depending on context. When speaking of facts, the term generally means a fact which is "significant to the issue or matter at hand".-In the law of evidence:...
s of how the work is to be performedWage labourWage labour is the socioeconomic relationship between a worker and an employer, where the worker sells their labour under a formal or informal employment contract. These transactions usually occur in a labour market where wages are market determined...
." - Black's Law DictionaryBlack's Law DictionaryBlack's Law Dictionary is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black. It is the reference of choice for definitions in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S...
page 471 (5th ed.
Unanswered Questions
