Introduction
In any business relationship, contracts typically govern your relationship with your customers, suppliers and employees. A lack of awareness of the fundaments of contractual knowledge can be a major risk to any organisation. All employees in their course of work would need to deal with contracts whether they like it or not. There is no exception for human resource practitioners as you will also need to possess the knowledge necessary to protect the employer’s interests to avoid litigations, which can be costly and time consuming. This is notwithstanding that understanding contract law can also assist your personal self development as surely in your private life, it can protect your interests, aid the negotiation process, avoid disputes in your commercial relationships.
This training programme provides the legal fundamentals in understanding contract laws. As this program is meant for HR practitioners, the emphasis will be employment contracts and any other contracts or agreements which are incorporated by reference to the employment contract, i.e. HR policies and procedures, collective agreement, employee handbook, memorandum of understanding etc. Also, we will look into HR correspondences which may be laced with contractual or legal obligations by the employer, i.e. dismissal letter, loan to employees, employee insurance, employee benefits, training bonds and course sponsorship.
At the end of this workshop, delegates can be assured that they will be more competent in their understanding of contract laws and its application.
Learning Objectives
- The legal requirements for the formation of a contract.
- The significance of contract law on the employment relationship.
- The terms and conditions in different types of contracts.
- The importance of clarity and flexibility and the art of drafting terms of employment.
- Variation of contract, and in particular to employment contracts and employee benefits.
- Recognise what constitute a breach of contract and the remedies available.
- Drafting the various types or forms of contracts/letters to employees.
- Pitfalls to avoid in drafting an employment contract.
Course Outline
A competent HR practitioner must have the skills and knowledge in the following:
1. Pre-contractual negotiations before deriving a contract.
- Pre-contract correspondences/documentation such as understanding of acceptance of employment.
- Communication in contract law (including modern forms) such as emails, sms, etc
- Misrepresentation to job prospects.
2. Essential elements of a contract
- Offer, acceptance and invitation to treat.
- Capacity to contract age, mentally sound, etc.
- Intention to create legal relationships.
- Privity of contract doctrine.
3. Factors vitiating contract valid contracts
- Misrepresentation
- Mistake
- Illegal and void contracts
- Duress and undue influence
- Illegal performance of lawful contracts
4. Contents of the contract
- Express vs Implied terms.
- The difference between a term and a representation.
- Warranties and conditions.
- Prohibition/Restriction.
- Variation of contract.
5. Termination of contracts and remedies for breach of contracts
- Discharge of contracts by performance, agreement, repudiation breach, and frustration.
- Remedies for breach of contracts and identify types of breaches.
- Termination of a contract – How and when.
- Suspension letter
- Summary dismissal letter.
- Specific performance.
6. Remedies for breach of contracts
- Assessment of damages.
- Obtaining injunctions.
- Specific performance.
- Liquidated damage.
- Penalty clauses.
- Quantum Merit.
7. Drafting various types of employment contracts
- For regular/open ended employment contract.
- For dual/triple employment contract (differentiate between primary and sec. contract).
- For fixed term employment contract (with and without termination clause)
- For temporary, casual labour and part-time employment contracts.
- For re-employment contract under the ambit of Retirement and Re-employment Act.
- For independent contractor (contract for service and under direct/indirect engagement).
- Application to common law employee versusa statutory employee.
8. Drafting contracts which are incorporated by reference to an employment contract
- Training bond/course sponsorship contract.
- Collective Agreement.
- HR policies and procedures.
- Memorandum of understanding.
- Employee handbook.
- Announcement and notices to employees.
- Stock option and Restricted Share Plan ( part of employee benefits ) contract.
- Retention bonus scheme.
- Employee benefits.
- Loans to employees and with monthly deductions contract.
9. Pitfalls to avoid in drafting an employment contract
- Governing law/Jurisdiction and its application to SPR and foreigners.
- Different categories of employees.
- Unilateral variation by the employer.
- Confidentiality clause.
- Non-solicitation clause.
- Restraint of trade clause.
Methodologies
Lecture and case study.
Who should attend?
Human Resource Practitioners.
Workshop Registration
Please visit this page to register.
