The employment of the technical man in trade, business or professional

work is a contract and must contain all the essential features of a

contract.

What is a contract?
According to Article 1305,(Republic Act of the Philippines) a contract is a meeting
of minds between two persons whereby one binds himself, with respect to the other,
to give something or to render some service.
The contract of employment is a legal document that binds together
employer and employee for commercial reasons.


Acceptance of employment is a warranty that the employee is competent
to do the work accepted in a reasonably satisfactory manner and that he
will do it faithfully and in accordance with lawful direction.

If the employment is for an indefinite period or is to continue so
long as either or both parties are satisfied, it may be terminated without
notice and without expressed reason.

If the employment is for a certain definite period and the period if
allowed to elapse without notice, the law assumes a renewal of the contract
for a like period.





Contracts for employment, not in writing, for services which can-
not be rendered within a year are void,- but if the services are actually
rendered, payment for such services can be enforced, not on the con-
tract but on quantum valebat.

When a person is employed at a fixed rate (except the rate be for
hours of service), and additional duties are imposed, he cannot secure
extra -compensation without an express agreement to that effect.'

To assure remuneration for services rendered it is important that
the contract for employment be made with those legally empowered to
make such contracts.

The officers of a private corporation must be duly authorized by
the Board of Directors to employ service or payment for such service
may be avoided. The employment of an official of a private corpora-
tion to do certain things which cannot be done without assistants,
clothes him with authority to employ such assistants.

Occasionally engineers are employed in good faith on consulting
work by municipal authorities, but no adequate arrangements are made
for paying for their services.