The Contract Of Employment; Things To Know

By Benita Ayo

As I stated earlier, contracts are an essential part of a business relationship and, if handled by highly skilled legal professionals, will save a business and its owner from liabilities emanating from lawsuits.

This also applies to employment contracts which are agreements stating the terms and conditions of the employment offer.

Contents of Employment Contracts

An employment contract typically contains the terms and conditions of the offer, which include but are not limited to the following;

1. The parties to the contract of employment.
2. The date of commencement of work.
3. Whether the contract is valid for the present or fixed-term.
4. Probationary period and its duration.
5. Place of work.
6. Remuneration and its method of payment.
7. Working hours.
8. Annual Leave.

These are the basic contents. Depending on the Corporate Policy of the Employer, other terms such as Employee welfare package, sick pay, Pension, bonuses, HMO etc. are also included in the miscellaneous part of the contract.

The newly engaged staff is expected to signify acceptance of the offer of employment in the prescribed manner and within a set time frame.

Legal Implications

It is a trite and settled law that parties are bound by the terms of their contract. What this implies is that after the execution of an employment contract, neither party to it can alter the terms except in the manner prescribed under the contract.

Where there is a breach of the terms of the Employment Contract in any form, the party in breach will be liable for damages to the aggrieved party. For example, if the Employer fails to fulfil his obligations under the terms of the employment, the employee will rightly sue the employer for non-performance and also sue for damages suffered.

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Benita Ayo is a Seasoned Corporate Commercial Counsel with over 9 years post-call experience. She has handled myriads of briefs in Corporate/Commercial, Employment Law as well as Property Transactional Practice.