A lot of people especially in the job employment sector are quite ignorant about the established rules that guide the employment of a person in whatever sector of any country’s labour laws. This law is backed by the constitution. Many job seekers are taken due advantage because of their ignorance of the law by employers to denied them of their rightful entitlements as an employee of the company or business. That’s why in this article, we’re going to look at the law that guides employees and how it’s applied universally.
What Is Employment Law?
Employment law is the collection of laws and rules that regulate relationships between employers and employees. Employment laws say when an employer can hire employees and when the employees can work. The laws cover what an employer must pay the employee for their work. It also creates minimum requirements for working conditions for employees.
When an employer needs to hire someone for a job, there is a lot that needs to be learnt. Both parties have to be abreast with the law that governs the rule of engagement in their country of residence. The labour law requires a consideration of the minimum wage, the employer is required to pay the employee a certain amount.
Also, some laws prohibit the employer from discriminating against applicants or employees based on certain characteristics, be it physical or philosophical. The employer has to provide a safe working environment devoid of discriminations. Other employers also provide health insurance covers to all their employees.
Understanding the employment laws demands context, so it’s required that, the contract of employment should be provided in writing for workers for six months or longer.
This written statement must include information about the worker and employer, date of appointment, job title, wage rate and payment interval, work hours, overtime payment, annual leave, conditions relating to incapacity for work due to injury or sickness, length of termination notice required by the worker and employer and details of social security or pension scheme.
The contract must be signed by both parties and dated but the contract of employment for a casual worker may not be written; but casual workers have the right to the minimum wage for each working day, overtime and medical facilities as well. Temporary workers are entitled to the labour Act’s minima in respect of minimum wage, hours of work, rest periods, paid public holidays, night work and sick leave, irrespective of whatever terms agreed by the parties.
The laws of employment are split into two to access the worker and have the worker also access the conditionality of the work environment.
1. PROBATION PERIOD
There is no explicit provision in the labour Act about a maximum duration of probation period. The labour Act refers to a "reasonable duration determined in advance". The probationary period and conditions of probation are generally provided in collective agreements. Where, as a condition for the engagement of an employee, a contract of employment requires probation, the employment contract has to specify the duration of the probation for the employee.
2. FIXED-TERM CONTRACTS
The labour law allows hiring fixed-term contract workers for tasks of permanent nature. The labour Act does not refer to any specific legal regime for the use of fixed-term contracts. There is no mention of the maximum duration (including renewals) of the fixed-term contracts. However, temporary and casual employments are regulated by special provisions. The temporary worker is a worker who is employed for a continuous period of at least one month and is not a permanent worker or employed for seasonal work; while a casual worker is a worker engaged on a work that is seasonal or intermittent and not for a continuous period of more than 6 months and whose remuneration is calculated daily. A temporary worker who is employed by the same employer for a continuous period of six months and more is treated as a permanent worker.
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