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In a contract between two parties, no party has any kind of legally elevated position over the other. Many employment contracts are written by employers though

In a contract between two parties, no party has any kind of legally elevated position over the other. Many employment contracts are written by employers though, so this culture that the employer is some kind of gentle but strict super entity pervades through the language of employment contracts. The company is just another Joe, and you have just as much right to dictate the terms of your employment as they do, just as you have equal standing in any contract you enter into with your mom, your husband, or your church. One thing that helps pick apart the engrained culture of faux company superiority is to imagine they are a church instead. Quoting the following part of EFF’s article makes me feel like they are still toeing the line. > [the state] must also establish protections for churchgoers: surveillance of parishioners should be necessary and proportionate [and] parishioners should have the right to know what exactly their priests are collecting.

thescriptkiddie 6y ago
In practice, the employer holds most of the power in the relationship. Yes, even if you are a Rock Star™. They'll just fire you and find someone else. The only way for employees to actually negotiate their contracts is through collective bargaining.
rocqua 6y ago
Just because two parties are legally at the same position doesn't mean there isn't a power imbalance. Without collective bargaining, any employment negotiation is going to be lopsided, since not having a job hurts a worker a lot more than having one employee fewer hurts an employer. I think I am pretty good at my job. I get great feedback from all sides and complete my work on time and with high quality. We are also looking hard for more people because we have too much work. Getting people up to speed also is a big issue, so my employer invested a decent amount in me. In all, I have a dang good bargaining position. And yet if I were to quit my job, that would hurt me a lot more than it would hurt my employer. I would lose 100% of my income, which is essentially catastrophic. I would run massive risk in needing to find another decent job, would probably have to move, and wouldn't know whether I would like my new job. Meanwhile, for my employer, a few projects would be slightly delayed, and we'd have to be more held-back in accepting new work. Nothing really impactful. Hence my employer holds a lot more bargaining power than I do.

thescriptkiddie 6y ago

In practice, the employer holds most of the power in the relationship. Yes, even if you are a Rock Star™. They'll just fire you and find someone else. The only way for employees to actually negotiate their contracts is through collective bargaining.

rocqua 6y ago

Just because two parties are legally at the same position doesn't mean there isn't a power imbalance. Without collective bargaining, any employment negotiation is going to be lopsided, since not having a job hurts a worker a lot more than having one employee fewer hurts an employer. I think I am pretty good at my job. I get great feedback from all sides and complete my work on time and with high quality. We are also looking hard for more people because we have too much work. Getting people up to speed also is a big issue, so my employer invested a decent amount in me. In all, I have a dang good bargaining position. And yet if I were to quit my job, that would hurt me a lot more than it would hurt my employer. I would lose 100% of my income, which is essentially catastrophic. I would run massive risk in needing to find another decent job, would probably have to move, and wouldn't know whether I would like my new job. Meanwhile, for my employer, a few projects would be slightly delayed, and we'd have to be more held-back in accepting new work. Nothing really impactful. Hence my employer holds a lot more bargaining power than I do.