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Record W2908154561 · doi:10.11575/prism/34008

What is an Employment Contract?

2009· article· en· W2908154561 on OpenAlexaboutno aff
Peter Bowal

Bibliographic record

VenuePRISM (University of Calgary) · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicDigital Economy and Work Transformation
Canadian institutionsnot available
Fundersnot available
KeywordsBusinessEmployment contractLabour economicsWork (physics)EconomicsEngineering

Abstract

fetched live from OpenAlex

In the interview and at the offer stage, the employer's promises and representations, despite being merely oral, form part of the contract. The difficulty is to objectively prove that the employer unmistakably promised "a 15% increase in salary after the first year" or "one paid sick day per month." As with proving all oral promises, if the issue goes to court one can only tell the judge what oral promises were made and relied upon. These are called express terms because they were actually expressed. Terms are implied by necessity to give business efficacy to the parties' intentions. Every conceivable item of agreement cannot be expressed orally or in writing. The courts will say what the parties must have agreed to, even if the parties themselves did not address the issue. Rarely, when discussing salary, for example, will the parties actually stipulate that the salary for local employment will be paid in Canadian dollars. Absent evidence to the contrary, a court will consider the context and respond "Oh, of course, they would have meant local currency." It would imply the term that salary for work in Canada is to be paid in Canadian dollars. Some of the statutory protections, such as those in minimum employment standards legislation, are implied by law and form part of every individual employment contract. The intentions of the parties are irrelevant. Even if one wanted to, one cannot negotiate or sign away those rights. Most statutes prohibit waiver of them, with language like: "An agreement that this Act or a provision of it does not apply, or that the remedies provided by it are not to be available for an employee is against public policy and void." These statutory terms are justified by a widely-held perception that workers occupy a generally - and often significantly - weaker position when negotiating with employers. Employment standards, human rights, privacy, and occupational health and safety protection legislation all provide a floor or minimum basket of rights for all workers to enjoy on the job.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Other design · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.943
Threshold uncertainty score0.347

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.003
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.014
GPT teacher head0.226
Teacher spread0.212 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designOther design
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2009
Admission routes1
Has abstractyes

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