Part A
ADVERTISEMENT
Required- Manager – Mechanics Division Farm Machinery
Key skills required
Job requirements
Interested candidates having the required skill can email their CV to [email protected] DFM.com
HR Manager
Discount Farm Machinery Ltd
Part B
To
The Employer
Sub: How to determine the appropriateness of the candidate and whether and on what bases the offer should be conditional
Respected Sir,
I have not included certain elements in the advertisement as asked by you in the requirements for the role of the managers such as age, gender and religious preferences as if such factors are added they would lead to the breach of discrimination laws and the company may be liable for prosecution (Harten, 2016). There are various ways in which it can be determined that a candidate is appropriate or not for a particular Job role. These include ascertaining their capacity, their position and their character as to whether they would be able to fit in the organization culture or not. Whether a candidate is male or a female, his or her religious attributes or his or her age should not be taken into consideration unless it is a pure occupational requirements.
The person should be notified about their Job role and about the culture of the company and than a feedback should be obtained from him or her as to whether they would be able o fit into the role and the culture of the organization. The capacity of the candidate has to be assessed based on his or her education and past experience. There are various questions which may be asked to a candidate to determine whether they are an appropriate choice for the job role or not. These questions involve asking them about their family backgrounds, their past jobs and how efficiently they would be able to take up the present role.
When an offer is made to the candidates it is a best practice to make the offer conditional. This means that the employment would be conditional on factors like the performance of the candidate. This is because if the candidate is not able to perform adequately in accordance to the needs of the organization they may be terminated by the employer. In addition f any information which has been provided by the candidate to us turns out to be incorrect even then they contract which have been provided to them may be ineffective (Walsh, 2015).
The offer may also be conditional in relation to the amount of time within which the offer can be accepted by the candidate. Thus in the given situation the offer which has to be provided to candidate must be conditional in relation to the fact that all information which have been provided by the candidate to the company is true and if not than the contract would not be valid.
Yours Faithfully
HR Manager
Discount Farm Machinery Ltd
Part C
To
David Smith
Dear Candidate,
This is to inform you that you have been selected for the role of Manager of Mechanics Division Farm Machinery of Discount Farm Machinery Ltd. The offer which is presented to you is conditional on the fact that fact that all information which have been provided by you to the company is true and if not than the contract would not be valid. The role which needs to be carried out by you in the role of the manager includes
Your performance will be constantly under supervision as your role is of significant importance to the company
Yours Faithfully
HR Manager
Discount Farm Machinery Ltd
Part D
To
The Employer
Sub: Advice in relation to what provisions have to be included in the contract of employment and why such inclusion is required.
Respected Sir,
There are various terms which should be present in an employment contract. In relation to the employment contract which would be provided to David the following terms are mandatory
Salary clause
A salary clause is an important clause of the employment contract which defines the remuneration which is to be paid to the employee so that there are no discrepancies in relation to the wages or salary of the employee in the course of employment. Here the salary of the employee would be $100,000 plus a commission of 2% of net sales from the mechanics division.
Termination clause
This clause in incorporated into the contract of employment for the purpose of taking away the rights of the employer of being provided with a reasonable notice period before termination. The case may specify circumstances in which a candidate may be terminated without reasonable notice such as gross negligence or misconduct.
Obsolescence Clause
This cause is added to the contract for the purpose of making sure that the agreement would be enforceable and applicable irrespective of how long the employment last even where he employment relationship fundamentally alters between the date of initiation and termination.
Non-Solicitation or Non-Competition
This cause is added to the contract for the purpose of making sure that the employers are not subjected to financial losses in case the ex-employee attempts to solicit from the clients and employees of the employer. This clause provides an obligation on the employer not to get into such activities.
Probationary Period
This cause is added to the contract for the purpose of determining whether an employer is suitable for the job role or not bay providing them a specific time frame known as the probation period (Painter & Holmes, 2015).
Leave entitlements
The clause sets out the leaves which an employee will be entitled to get as per the organizational policies and when would such leaves be paid or unpaid
Compliance clause
This cause is added to the contract for the purpose of making sure that the employees comply with the provisos of the code of conduct and code of ethics along with organizational policies (Holland, Burnett & Millington, 2015).
Additional requirements
The clause will be added to incorporate any additional requirements of the employer such as in the resent case the employer is entitled to get the amount paid for the training of the employee if the employee terminates the job before a period of five years.
Yours Faithfully
HR Manager
Discount Farm Machinery Ltd
References
Harten, N. (2016). Disability and the employer’s duty-a comparison with Ontario, Canada: employment law. Without Prejudice, 16(7), 9-12.
Holland, J. A., Burnett, S., & Millington, P. (2015). Employment Law 2016. Oxford University Press.
Painter, R., & Holmes, A. (2015). Cases and materials on Employment Law. Oxford University Press, USA.
Walsh, D. J. (2015). Employment law for human resource practice. Nelson Education.
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