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