Formation of the employment contract

Fiona Cuming

Editor's message: An employment contract, like any other contract, is an agreement between two parties, in this case the employer and employee, to create legal relations. Employment contracts can range from basic statements to intricate agreements.

The starting point is the job offer because this demonstrates a willingness to enter into a legal agreement. An offer is distinct from information such as advertisements and brochures, which are "invitations to treat". Sorting binding offers from other statements made during the recruitment process is not always easy.

An employment contract will be formed when an employee agrees to work for an employer and the employer agrees to pay or provide some other consideration to the employee for that work.

Fiona Cuming, employment law editor

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