Does Employment Contract Override Law?
Many employees are often confused about the relationship between their employment contracts and the law. Employment contracts outline the terms of employment between an employer and an employee, while the law sets out the minimum standards that must be met by employers. But does an employment contract override the law?
In short, no. Employment contracts cannot override the law. In cases where there is a conflict between an employment contract and the law, the law will always prevail.
This means that employers cannot use an employment contract to avoid their legal obligations. For example, if an employment contract states that an employee is not entitled to overtime pay, but the law in the state requires overtime pay for employees who work more than 40 hours per week, the law will override the contract. The employee will still be entitled to their overtime pay, regardless of what their employment contract says.
Similarly, an employment contract cannot be used to reduce an employee`s legal rights. For instance, an employment contract cannot waive an employee`s right to file a discrimination complaint or a retaliation claim.
However, an employment contract can provide additional benefits to employees that go beyond what is required by law. For example, an employment contract may provide more vacation time than what is required by law or offer more generous severance pay in the event of termination.
In conclusion, while an employment contract can provide a framework for the employment relationship, it cannot override the law. Employers must always comply with the legal requirements, even if it means going beyond what is stated in the employment contract. As an employee, it is important to understand your legal rights and consult an attorney if you have any questions or concerns.