This last point can obviously be more difficult to prove; This does not mean that an oral agreement is not legally binding – it simply means that it can be difficult to implement from a convincing point of view. As readers will know, if there has been an oral agreement to hire someone, the employer cannot simply enter into a written contract without offering a new consideration. This idea that an unsigned agreement is enforceable is therefore not unrelated to the employment relationship. An employment contract would likely have many conditions, written or oral, including, but not limited to, health insurance, sick days and holidays, employee responsibilities, and the amount and nature of compensation. Legally, you are not required to have a written contract. But if we say that, everything on paper is proof of the agreement if ever a problem arises. You can easily describe the terms and conditions of employment and any expectations for employee relations. That is, neither you nor the employee left stones spinning. If you also include certain tasks and obligations that the employee is likely to perform, as well as information about uniforms and work schedules, etc.; There can be no dispute. Don`t worry, oral employment contracts are legal in Hong Kong under the Employment Regulations (Cap.
57). Before you start to worry and remember that one case twenty years ago, where an oral agreement was made or not, know that oral employment contracts, like any other contract, are specifically defined and have requirements that must be met to be legal and enforceable. The realization is that people need to be careful when participating in casual negotiations and accidentally making a binding deal. Otherwise, they could limit their possibilities and leave themselves in a terrible legal situation. In the absence of one or more elements of a valid contract in an oral contract, it is likely that a court will annul the agreement and it will not be enforceable. Many States have rules for certain treaties that must be written, which considers that oral agreements are insufficient. There are other conditions for a valid contract. For example, Sam must be legally capable of entering into a contract. This normally means being an adult.
However, we all know that teenagers can be employed legally from a certain age, so there are a few exceptions to the rule. Employment contracts are not valid if one of the parties has been forced (pressured) to accept the conditions. Just like the aunt in our imaginary scenario, you`re probably better off documenting an agreement in writing. Something as simple as a promission note, which details the nephew`s promise to repay his aunt, could have prevented any dispute over his agreement. Finally, it is less complicated to ask family members for a written credit agreement than to bring them to justice. The employer commissioned a staff agency to identify suitable candidates for a vacancy. After two interviews, McCann (M) was offered the position orally by the agency acting on behalf of the employer and accepted it orally..