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STATUTORY REQUIREMENTS FOR CONTRACTS OF EMPLOYMENT


All contracts of service must satisfy the requirements of the Employment Act, 2007.  They must be written. 


S. 9(1)(a) of the Employment Act requires that a contract of service for a period or a number of working days which amount in the aggregate to the equivalent of three months or more; or (b) which provides for the performance of any specified work which could not reasonably be to be completed within a period or a number of working days amounting in the aggregate to the equivalent of three months shall be in writing.


The employer is responsible to ensure that the contract is written, and contains the particulars of employment and ensure that the employee consents in the manner provided under the Act.


Written contract must contain (s.10) particulars of employment to be given within 2 months of service


Particulars required are:
The name, age, permanent address and sex of the employee
The name of the employer
Job description of the employment
The date of commencement
The form and duration of the contract
The place of work
The hours of work
The remuneration and details of other benefits
Intervals of payment of remuneration
Date on which the employee’s period of continuous employment began


Others required are:
Any terms of conditions on leave, incapacity to work and pension and pension schemes
Length of notice for termination
The period of employment
Details on place of work
Any collective agreements which directly affect the terms and conditions of employment


Employer required to keep records on particulars for 5 years after termination


Under s. 12, statement on the disciplinary rules applicable to the employee required, and must specify the person whom employee may apply incase of dissatisfaction in decision of the disciplinary body or any grievance

 
 
 

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