what is a contract of employment?
Contract of Employment is a legally binding agreement between employer and employee which covers all essential elements of work.
Contract of Employment must contain clear and specific terms and conditions which will govern the relationship between employer and employee.
The terms and conditions of the contract of employment must show the name and address and the employer and employee, job title, commencement of the job, salary, hours of work, termination clause, rights of the employee, the responsibility of the employer, etc.
In case the contract of employment is silent in a certain important provision, labor law is used to govern the situation.
Sample of the contract of employment
the following is a sample of the contract of employment.
THIS AGREEMENT IS MADE the ________ day of ____________20_______
(1) ______________________ of __________________ (the “Employer”)
(2) ______________________ of __________________ (the “Employee”).
This document sets out the terms and conditions of employment which are required to be given to the Employee under the law.
Also, Read Everything you need to know about the Contract of employment for more details.
Commencement and Job Title
The Employer agrees to employ the Employee from _______________________200_______ in the capacity of ________________________ at ___________________________________________
No employment with a previous Employer will be counted as part of the Employee’s period of continuous employment. The Employee’s duties may from time to time be reasonably modified as necessary to meet the needs of the Employer’s business.
The Employer shall pay the Employee a salary of USD. _____________ per year by equal [weekly] [monthly] installments in arrears.
Hours of Employment
The Employee’s normal hours of employment shall be _______ to _________ on Mondays to Fridays [and _________ to __________ on Saturdays] during which time the Employee may take up to one hour for lunch between the hours of 12pm and 2pm, and the Employee may from time to time be required to work such additional hours as is reasonable to meet the requirements of the Employer’s business [at no additional payment] [at an overtime rate of Tshs. ______perhours].
The Employee shall be entitled to ________days holiday per the calendar year at full pay in addition to the normal public holidays. Holidays must be taken at a time that is convenient to the Employer and no more than ______weeks’ holidays may be taken at any one time.
The Employee shall be paid normal remuneration during sickness absence for a maximum of ________ weeks in any period of twelve months provided that the Employee provides the Employer with a medical certificate in the case of absence of more than seven consecutive days. Such remuneration will be less the amount of any Statutory Sick Pay or Social Security sickness benefits to which the Employee may be entitled.
Pension[There is no pension scheme applicable to the Employee] [The Employee shall be entitled to join the Employer’s pension scheme the details of which are set out in the Employer’s booklet entitled ________________________________________ which is available on request].
The Employer may terminate by giving written notice to the Employee as follows:
(a) With not less the one week’s notice during the first two years of continuous employment;
(b) With not less than one week’s notice for each full year of continuous employment after the first two years until the twelfth year of continuous employment; and
(c) With not less than twelve weeks’ notice after twelve years of continuous employment.
The Employer may terminate this agreement without notice or payment in lieu of notice in the case of serious or persistent misconduct such as causing a major breach of the Employer’s disciplinary rules.
The Employee may terminate this agreement by one week’s written notice to the Employer.
The Employee is aware that during his employment he may be a party to confidential information concerning the Employer and the Employer’s business.
The Employee shall not during the term of this employment disclose or allow the disclosure of any confidential information (except in the proper course of his employment).
After the termination of this agreement, the Employee shall not disclose or use any of the Employers to amount to a trade secret.
The Employer shall be entitled to apply for an injunction to prevent such disclosure or use and to seek any other remedy including without limitation the recovery of damages in the case of such disclosure or use.
For a period of [one] [two] year(s) after the termination of this agreement the Employee shall not solicit or seek business from any customers or clients of the Employer who were customers or clients of the Employer at any time during the ___________ years immediately preceding the termination of this agreement.
The Employer’s disciplinary rules and the grievance and appeal procedure in connection with these rules are set out in the Employer’s booklet entitled ___________
__________________ which is attached hereto.
All communications including notices required to be given under this agreement shall be in writing and shall be sent either by personal service or first class post to the parties’ respective addresses.
If any provision of this agreement should be held to be invalid it shall to that extent be served and the remaining provisions shall continue to have full force and effect.
This agreement contains the entire agreement between the parties and supersedes all prior arrangement and understandings whether written or oral with respect to the subject matter hereof and may not be varied except in writing signed by both the parties hereto.
This agreement shall be construed in accordance with the laws of ……….. in force at the time of this Agreement.
IN WITNESS OF WHICH the parties have signed this agreement the day and year first above written
Signed by the Employer in the presence of (witness)
Signed by or on behalf of the Employee in the presence of (witness)