Contracts

February 5, 2014 § Leave a comment

Design Practice In Context 2 Lecture 05/02/14

A contract means to say you are legally bound to do something, and you can be sued if you fail to do it. There are two sides to a contract. The clients side – between you and whoever you are supplying to. The other side is the employee side – you may get into a situation where you have to employ people.

Client Side

Duty of Contract

  • Supply what the client asks for
  • Problems – what does the client really ask for?
  • Ensure parameters are put in place
  • You will become a consultant

Duty of Care

  • Broader aspect – to look after the client and his concerns
  • Know what the clients business is
  • Get a broader understanding of the economic environment

Remember – a company is a ‘person in law’

Employee Side

There is a lot of employment legislation. The aim is to protect employees from unfair actions and practices

Duty of Care

  • To look after an employee
  • Mental and physical care
  • Safe working environment
  • Procedures to resolve issues
  • Clear job understanding

Employment Terminology

Commonly misunderstood terms.

Sacked – thrown out of the firm. Very negative

Dismissed – not as bad – neutral and depends on context. (Dismissed because…)

Probation – period of time you need to serve before permanent employment (with rights) is put in place. Normally 1 year

Released – the firm has no further use for you, released back into the job market. Normally done during probation

Redundant – Company can’t hold on to you, gain a statutory pay off

Resigned – you leave the firm out of your own free will, usually have to serve notice

It is important to know where you stand and what your contract says. Are you a sub contractor? An employee? Are you on a fixed term contract?

The moment you start doing work for someone there is an inferred contract. Do not hand work over until the contract is there. If they want it, they’ll move quicker.

Remedies

Things will go wrong. How do you remedy the situation?

  • Talk through the problem, understand the issue
  • Develop a plan to correct the issue
  • This works for the majority of cases
  • Most issues are small (in reality)
  • Seek remedy via correct legal processes
  • Law indicates what you must do – quite procedural

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