Employment Law notes

Employment Law

  • Meaning of employment law
  • Nature of contract of employment
  • Employers’ responsibility
  • Employees’ responsibility
  • Employment enactments and regulations
  • Tort negligence

EMPOYMENT CONTRACT

An employment contract may be made orally or in writing. Any employment over one month must be made in writing. The employer should cause the contract to be made and get the consent of the employer. The employer should;.

  1. Sign his name or imprint a mark, age permanent address and sex
  2. Name of the employer
  3. Job description
  4. Date of commencement of employment
  5. Form and duration of contract
  6. Place of work
  7. Remuneration
  8. Terms and conditions of work

Rights and duties in employment

According to Employment Act 2007, the employer has the following responsibilities;

  1. To obtain and maintain an insurance policy with insurance approved by minister in any respect of any liability the employer may incur to any of his employee.
  2. To register himself with the director and furnish all the necessary particulars
  3. To keep records on the remuneration of the employees.
  4. To provide basic minimum favorable conditions
  5. Terminate the employment contract
  6. Compensate the employee for any injuries in course of his duty .or permanent disabilities.
  7. The employer to regulate the working hours
  8. Provide leave days e.g. maternity leave sick leave paternity leave to men etc
  9. Provide housing, water and food.
  10. Provide medical attention

Termination  and dismissal on employment

A contract of service is deemed to be terminated under the following conditions;

  • -where the contract is to pay wages daily can be terminated any day without notice
  • Where the contract is to pay wages periodically or salary at intervals of less than one month, a contract is terminated at the end of the period next following the giving of notice in writing.
  • Where the contract is to pay wages or salary periodically at intervals exceeding one month ,the contract is may terminated at the end of the period of twenty eight days next following giving a notice in writing .The notice should well understood by the employee otherwise it should be explained orally in a language he

Either of the parties may terminate the contract without notice upon payment to the other party of the remuneration which would have been earned by that party in respect of that period. this does not apply to;

-a registered pension or provident scheme under retirement benefit act’

-a gratuity under collective agreement

Any other scheme

-the national social security fund

Grounds under which an employee may be dismissed

-Redundancy; the employer may terminate an employee ion redundancy unless the employee b  of a trade union .if an employee is  not a member of a trade union the employer should inform a labor officer

-Gross misconduct; an employer may terminate an employee on gross misconduct or, poor performance or physical incapacity and give notice and explain to him in a language he understands

 

 

Review questions

  1. Explain the employers responsibilities (10marks)
  2. Explain the basic conditions of employment (10marks)
  3. Explain the grounds under which an employee may be terminated (10marks)

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