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Best practice

Although there is much legislation regarding employment, common law has a very important role to play. For example, despite what an employment contract may say in writing, the actual employer-employee relationship and way of working, that is custom and practice, will often prevail.

What this means in practice is that HR systems must be carefully designed so that they reflect the actual and desired way of working. Additionally policies so designed must be carefully adhered to by the company. A balance must be struck between, for example, prescribing specific things that can or cannot be done (for example employee use of the internet) with an approach that allows the employer and/ or employee to act reasonably..

ESA will work with you to ensure that the HR systems we put in place achieve the right balance to realistically reflect your way of working.
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