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Forming an employment contract

Overview

Employment law is founded on contract law. A contract of employment exists between two parties, the employer and the employee. The employee agrees to work for an employer and, in return the employer agrees to pay the employee. If either party breaches this agreement, the other party may make a claim for breach of contract. Contract law dictates that, in order to create a legally enforceable employment contract, the following elements must be present:

  • offer
  • acceptance
  • intention to create legal relations
  • consideration
  • certainty as to terms.