The bargaining power between the employer and the employee depends typically on the circumstances when the bargaining actually takes place. Either of the employer or the employee can be at the receiving end.Both parties can exercise their power for their own benefit but whether its fair or not is subjective. All the organisation are market driven and if the organisation doesnot have the requisite skill sets then the employees posses the bargaining power. I myself have exercised the bargaining power which was again because of the skill set that i possessed that was pretty rare at that circumstances.
I think that the Darell Hair was taking advatage of the contract which doesnt mention anything about the conditions under which it can be revoked. Also its not that Hair is wrong in doing this, but the contract should have taken this fact into consideration as well.
So instead of making an explicit employment contract, which talks mostly about work, wages, performance and curtain cases under which it can be revoked..a detail contract should be made that takes into consideration other factors as well.
I have made similar non-negotiable contract to my employer in the past. I was asked to work for a particular project from a remote location for our months where I never wanted to go. Since I possessed one of the rare skills they had to accept the conditions under which I planned to move.
In case I receive such a non-negotiable contract in the furture, I would consider the following:-
- Whether the employee is dispensible or Indispensible.
- Cost of replacing the employee.
- Merits or Demerits of accepting or rejecting the offer.
The above will aid me in coming to a conclusive decision.
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