Employment Law
This case is about how to create and implement a contract of employment for the Pentacom Internet Solutions LLP (PISL). First of all, the concept of employment would be discussed. Then, the importance of employment status in policy and the key elements of employment status would be developed in details. Moreover, it would reflect the standpoint of the court to determine the relationship of employment. The remedy for implementation and distribution of the new contract would be shown. Finally, there would be a concise conclusion.
Legal doctrine should be applied to determine the objective concept of the employment. Initially, the contract of employment is required to define the relationship of employment, which contains different parties and also reveal the employment status.For instance, the relationship and obligations of four partners in PISL in this case should also be explicitly shown since a salaried partner can classified as employed or self-employed in distinct situations(Limited Liability Partnership Act 2000, S4(4)). Besides, the mutual obligations is one of the most important parts of employment concept. The privileges, tax, payment, the rate of participation the length of working time are also need to be taken into the consideration. Additionally, the rules of the PISL itself should be clearly defined, such as training, in order to avoid potential conflict in the future.
In my opinion, employment status is more important from the perspectives of external legislations than the internal policy. All employees are workers, but not all workers are employees,Broadbent v Crisp and Halawi v WDFG UK Ltd applied, and Equality Act 2010 s.83(2) considered. Since the term “employee” is narrower than the term “worker”, the rights and liabilities are consequently different in law(Emir, 2012). As mentioned, a salaried partner can or cannot be an employee, which relates to handling member departures, tax payment and many other restrictions(Gannon, 2014). However,
Legal doctrine should be applied to determine the objective concept of the employment. Initially, the contract of employment is required to define the relationship of employment, which contains different parties and also reveal the employment status.For instance, the relationship and obligations of four partners in PISL in this case should also be explicitly shown since a salaried partner can classified as employed or self-employed in distinct situations(Limited Liability Partnership Act 2000, S4(4)). Besides, the mutual obligations is one of the most important parts of employment concept. The privileges, tax, payment, the rate of participation the length of working time are also need to be taken into the consideration. Additionally, the rules of the PISL itself should be clearly defined, such as training, in order to avoid potential conflict in the future.
In my opinion, employment status is more important from the perspectives of external legislations than the internal policy. All employees are workers, but not all workers are employees,Broadbent v Crisp and Halawi v WDFG UK Ltd applied, and Equality Act 2010 s.83(2) considered. Since the term “employee” is narrower than the term “worker”, the rights and liabilities are consequently different in law(Emir, 2012). As mentioned, a salaried partner can or cannot be an employee, which relates to handling member departures, tax payment and many other restrictions(Gannon, 2014). However,