NATURE OF EMPLOYMENT

• Definition of Contract of Employment

 A contract of employment is a category of contract used in labour
law to attribute right and responsibilities between parties to an
employment.
 A contract of employment not usually defined to mean the same
as a "contract of service". A contract of service has historically been
distinguished from a "contract for services", the expression altered
to imply the dividing line between a person who is "employed" and
someone who is "self employed
 A contract of employment or service is distinguishable from a
contract of services, the latter being in essence the relationship
between an ‘employer’ and independent contractor.
 A contract of employment or service is distinguishable from a
contract of services, the latter being in essence the relationship
between an ‘employer’ and independent contractor.
 ELEMENTS OF A CONTRACT
• Any contract whether written or oral will consist of at least three
separate elements:
 Any express terms which may have been agreed upon between
the employer and the employee
 Terms which are implied by common law such as the implied
duties of good faith and confidentiality which every employee owes
to his employer; the implied undertaking by an employee holding
himself out as being skilled, that he will exercise reasonable skill or
competence; the implied term that the employer will pay
reasonable remuneration for services rendered; the implied right
by either party to terminate the contract of employment on notice
 Terms that is imposed by statute.
 CONTENTS OFCONTRACT
EMPLOYMENT
The contract of employment must include the following:
• the name of the employer and employee;
• the date when the employment began and the date when the
period of continuous employment began;
• the scale or rate of pay or the method of calculating pay and the
intervals at which remuneration is paid (i.e. weekly, monthly, or
other specified intervals);
• hours of work (including any terms and conditions relating to
normal working hours); any terms relating to entitlement to
holidays, including public holidays and holiday pay and details as to
how accrued holiday pay on termination is calculated;
• any terms relating to incapacity for work due to sickness or injury
including any provision for sick pay;
 CONTENTS OFCONTRACT
EMPLOYMENT CONTI-
• the length of notice which the employee is obliged to give and entitled to receive
to terminate the contract of employment;
• the title of the job or a brief description of the work involved;
• where the employment is not intended to be permanent, the period for which it is
expected to continue or, if it is for a fixed term, the date when it is to end;
• either the place of work or, where the employee is required or permitted to work
at various places, an indication of that and of the address of the employer;
• any disciplinary rules applying to the employee or where such details are to be
found;
• to whom and in what manner the employee may apply if dissatisfied with any
disciplinary decision or if he has any other grievance;
• any further steps in the disciplinary or grievance procedures or where such details
are to be found; and
• any terms relating to pensions and pension schemes and whether there is a
contracting out certificate in force in respect of his employment for pension
purposes.