Employment

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Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: "A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed." Black's Law Dictionary page 471 (5th ed. 1979).

In a commercial setting, the employer conceives of a productive activity, generally with the intention of generating a profit, and the employee contributes labour to the enterprise, usually in return for payment of wages. Employment also exists in the public, non-profit and household sectors. To the extent that employment or the economic equivalent is not universal, unemployment exists.

Employer

An employer is a person or institution that hires employees or workers. Employers offer hourly wages or a salary in exchange for the worker's labor power, depending upon whether the employee is paid by the hour or a set rate per pay period. A salaried employee is typically not paid more for more hours worked than the minimum, whereas wages are paid for all hours worked, including overtime.

Employers include everything from individuals hiring a babysitter to governments and businesses which may hire many thousands of employees. In most western societies, governments are the largest single employers but most of the work force is employed in small and medium businesses in the private sector.

Although employees may contribute to an enterprise, the employer maintains control over the productive base of land and capital, and is the entity named in contracts. The employer typically maintains ownership of intellectual property created by an employee within the scope of employment and as a function thereof. These inventions or creations become the property of the employer based on a concept known as "works for hire".

An employers’ relative level of power over employees is dependent upon numerous factors; the most influential being the nature of the employment relationship. The relationship employers share with employees is affected by three significant factors – interests, control and motivation. It is up to employers to effectively manage and balance these factors to ensure a harmonious and productive working relationship.

Interests can be best described as monetary constraints and economic pressures placed on organizations in their pursuit of profits. It covers facets such as labour productivity, wages and the effect of financial markets on businesses.

Wood et al (2004, p 355) describe control as being either output focused, focusing on desired targets with managers defining, and using, their own methods for reaching targets, or process controls, which specify the manner in which tasks will be achieved (Ibid, p. 357). Employer and managerial control within an organization rests at many levels and has important implications for staff and productivity alike, with control forming the fundamental link between desired outcomes and actual processes. Employers must balance interests such as decreasing wage constraints with a maximization of labour productivity in order to achieve a profitable and productivec employment relationship.

Motivation is the third and most difficult of the factors for employers to effectively manage in the employment relationship . Employee motivation can often be in direct conflict with control mechanisms of employers, and can be broadly defined as that which energizes, directs and sustains human behaviour ( Stone, 2005, p 412). Dubin (1958, p 213) further elaborates on this, noting motivation as “something that moves a person to action, and continues him in the course of action already initiated.”

The employment relationship is thus a difficult challenge for employers to manage, as all three facets are often in direct competition with each other, with interests, control and motivation often clashing in the equally important quest for individual employee autonomy, employer command and control and ultimate profits.

Employee

An employee contributes labour and expertise to an endeavour. Employees perform the discrete activity of economic production. Of the three factors of production, employees usually provide the labour.

Specifically, an employee is any person hired by an employer to do a specific "job". In most modern economies, the term employee refers to a specific defined relationship between an individual and a corporation, which differs from those of customer, or client.

Becoming an employee

Most individuals attain the status of employee after a thorough process of interviews with several departments within a company^{[citation needed]}. If the individual is determined to be a satisfactory fit for the position, he is given an official offer of employment within that company for a defined starting salary and position. This individual then has all the rights and privileges of an employee, which may include medical benefits and vacation days. The relationship between a corporation and its employees is usually handled through the human resources department, which handles the incorporation of new hires, and the disbursement of any benefits which the employee may be entitled, or any grievances that employee may have.

Types

There are differing classifications of workers within a company. Some are part-time and Some are full-time and permanent and receive a guaranteed salary, while others are hired for short term contracts or work as temps or consultants. These latter differ from permanent employees in that the company where they work is not their employer, but they may work through a temp-agency or consulting firm. In this respect, it is important to distinguish independent contractors from employees, since the two are treated differently both in law and in most taxation systems.

Many companies further classify employees as exempt or non-exempt. This designation is used to separate employees that are eligible for overtime from those that are not. An exempt employee is one that is typically salaried and is not eligible to earn overtime. Non-exempt employees are typically paid hourly and are eligible for overtime pay.

Titles

While the terms accountant, lawyer and photographer might refer to professions, they are not employee titles, which may include Controller, President, Vice President of Legal Affairs, Other Managers, and Head of Media Development.

Corporate titles are titles conferred on individuals as a means of identifying their function in the organization. Titles vary by the type of organization, the sector that it is, whether it is for-profit or non-profit, public or private, partnership or sole proprietorship. Some sectors, such as educational institutions, have particular titles. Titles are an important aspect of corporate governance.

Some of the most common titles are chief executive officer (CEO), Founders, chairman of the board of directors, Co-president are often used interchangeably.

Associate is a term used by some companies instead of employee. Big box and retailers like Wal-Mart, Home Depot and Shaw's Supermarkets, for example, use this term for non-management employees. Other firms use terms such as teammate or team member instead of employee.

Organizing

Employees can organize into trade unions or labor unions, who represent most of the available work force in a single organization. They utilize their representative power to collectively bargain with the management of companies in order to advance concerns and demands of their membership.

Ending employment

An offer of employment, however, does not guarantee employment for any length of time and each party may terminate the relationship at any time. This is referred to as at-will employment. In some professions it is customary to offer 2 weeks notice when resigning for a job. However, leaving two weeks notice may not be legally enforceable.^[1]

Employment contract

In the United States, the standard employment contract is considered to be at-will meaning that the employer and employee are both free to terminate the employment at any time and for any cause, or for no cause at all. However, if a termination of employment by the employer is deemed unjust by the employee, there can be legal recourse to challenge such a termination. In unionised work environments in particular, employees who are receiving discipline, up to and including termination of employment can ask for assistance by their shop steward to advocate on behalf of the employee. If an informal negotiation between the shop steward and the company does not resolve the issue, the shop steward may file a grievance, which can result in a resolution within the company, or mediation or arbitration, which are typically funded equally both by the union and the company. In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Department of Labor. In Australia there is the highly controversial