CONTRACT OF EMPLOYMENT
A contract of employment exists where:
A worker accepts the offer of employment of an employer;
The worker is paid for " the louage" of his work.
There is a legal subordination in the employment relations.
The rights and obligations that bind a worker and an employer.
The terms of the contract can be expressed and implied.
Expressed terms refer to: (conditions which employees are entitled under: the law, individual agreement and collective agreement)
Implied terms refer to: (What is obvious in the contractual agreement and which have not been spelled out - mutal respect, confidence, a valid driving licence for a driver, the customs and practice of the company etc).
The contract may be in writing or oral.
A contract can be varied if:
the changes do not affect the root of the contract i.e: change in job content, alteration of hours of work.
the changes are agreed on an individual basis or through collective agreement.
The changes are not contrary to the law.
There should be consultation and agreement with the worker concerned or with his or her representative.
Where the variation has been agreed, the worker should be notified, preferably in writing, within a reasonable delay.
This can be interpreted as a breach of contract tantamounting to constructive termination of employment.
The employee can refer his case to the Ministry of labour & IR .
The case can be referred to the Industrial Court to claim wages in lieu of notice and severance allowance at punitive rate.
The employee can elect to work under protest for some time and reserve his right to make a claim to the Industrial court.