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This agreement alters some of the terms of an award or agreement and must leave the single employee "Better Off Overall" if signed. The power to make an IFA comes from the flexibility clause in the modern award. The Fair Work Act requires every Modern Award and Enterprise Agreement to include a "test flexibility clause".
In English law, an employment contract is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to ...
Open-ended employment contracts are also called permanent, indefinite, or continuing contracts as they are typically used for long-term employment situations (University of Strathclyde, 2013). This type of employment contract may be terminated if either party gives appropriate notice to the other party or in specific instances such as health ...
Addressing the demands of employers asking for more flexibility in French labour laws, the CNE sparked criticism from trade unions and opponents claiming it favoured contingent work. In 2006, he then attempted to pass the First Employment Contract (CPE) through a vote by emergency procedure, but that was met by students and unions' protests.
The content of a collective agreement must include terms for an expiry date no longer than 4 years (even if the parties want an ongoing agreement), a dispute resolution clause, a term for employees to make "individual flexibility agreements" (so long as employees are "better off overall"), and a term on consultation on any "major workplace ...
A leading court decision discussing the conflict between California law and the laws of other states is the 1998 California 4th District Court of Appeal decision Application Group, Inc. v. Hunter Group, Inc. [18] In Hunter, a Maryland company required that its Maryland-based employee agree to a one-year non-compete agreement. The contract ...