MALAWI COLLEGE OF ACCOUNTANCY

SCHOOL OF COMMERCE

BACHELOR OF APPLIED ACCOUNTING, AUDITING AND INFORMATION

SYSTEMS

DATE OF SUBMISSION: 7 April 2023

MODE OF ATTENDANCE: FULL TIME

MODULE: BUL116

SEMESTER: SEMESTER ONE

STUDENT NUMBER: BA0373

SUBMITTED TO: MR S. NGWENYA

SUBMITTED BY: CHIFUNDO BATSON

YEAR: YEAR ONE

ASSIGNMENT: With the help of references from authoritative sources and your own examples,
investigate into any three types of employment contracts. In your discussion discuss these types
of contracts and how they can be terminated, backed by your authoritative sources.
INTRODUCTION

A contract of employment comes into existence when one person, the employee, enters into an
agreement with another person, the employer, to render personal service to and under the control
of the employer in return for remuneration. There are several types of employment contracts for
instance Casual labor, Fixed term contract and Full time contract.

CASUAL LABOR is a type of contract that consists of irregular employment or part-time labor,
including the labor of workers whose normal employment consist of a series of short-term jobs.
Casual labor is usually hired by the hour or day or for the performance of specific tasks.

A good example of major industries that have relied on casual labor are construction, logging,
sawmilling, agriculture, and the service trades. (Encyclopedia Britinnical)

Casual labor employees can bring an unfair dismissal claim if; They have been employed on a
regular and systematic basis for a period of at least six months and if there is an expectation of
ongoing employment. (Amelia Diskoros, lawyer, Legal vision)

Casual labor contract can be terminated in a number of ways, for example, one way of
terminating it is to negotiate the termination with the other party involved and agree on an end
date for the contract. Another way is to rescind the contract if it has a rescission clause or a
cancellation period. If one party fails to fulfil end of the contract, that lack of performance may
allow the second party to terminate their end of the contract. (David Soble, Soble Law)

It is important to note that casual labor workers are not usually entitled to minimum notice period
if their employment is ending.

FIXED TERM CONTRACT is a contractual agreement between an employee and employer

that lasts for a specified period.in other ways fixed term contract is an agreement to work for a
certain period of time. These contracts are common for seasonal employees or offices that
require certain staff members for a short time.

Fixed term contract can be terminated in a several ways for example, the most common way is
by way of mutual agreement between the employer and the employee. This is often done by way
of deed to release which both parties sign. Another way a fixed term contract can be terminated
is if the contract itself contains a clause which allows for termination under certain conditions.
For instance, many contracts will allow for termination if the employee is guilty of misconduct
or breach of contract. (Labor Court, Johannesburg)

FULL-TIME CONTRACT is almost the same as part-time contract. The main difference being
the number of hours per week you are required to work. In a full time contract, you are expected
to work 35 hours or more per week. Full-time contracts are generally offered for permanent
positions and usually set out the employee’s salary or hourly wage.

Full-time contract has got several ways in which it can be terminated for instance, one way of
terminating this kind of contract is by the use of termination clause if it exists in the contract.
Another way is to argue that the contract is impossible to fulfil. You can also claim a frustration
of purpose or identify a failure of condition.
REFERENCES

Encyclopedia Britannical, https://www.britannical.com/money/casual-labour

Amelia Diskoros (Lawyer), Legal vision

Hall Ellis Solicitors, https://hallellis.co.uk/termination-contracts/

Labor Court, Johannesburg, https://www.vermeulenlaw.co.za/fixed-term-contracts/

Smith & Wood’s Employment Law, Fifteenth Edition

Selwyn’s Law of Employment, Twenty-Second Edition