Description :

The revised third edition of this Monograph has taken into account the changes in law and recent cases relevant to the subject. This Monograph is useful to professional practitioners in the field of labour law and industrial relations as well as to academics and students because it attempts to analyze many of the legal concepts involved in or relevant to the contract of employment.

Content :

Preface Introduction Table of Cases

1. Origins of the Law relating to the Contract of Employment
2. The Philosophy of the Common Law and its Impact on the Contract of Employment
3. Significance and Relevance of the Contract of Employment
4. Right to Work
5. What is a Contract of Employment?

Introduction Servant and Independent Contractor Origins and Limitations of the Control Test Wages Boards Ordinance Shop & Office Employees’ Act Employees Provident Fund Act Payment of Gratuity Act Workmen’s Compensation Ordinance Industrial Disputes Act Dual Capacity – Directors and Contracts of Employment Present Legal Tendencies

1. The Political and Social Acceptability of the Legal Basis of the Contract of Employment
2. Some General Principles Applicable to Contracts of Employment

Parties to Contracts Contracts which are Illegal or Contrary to Public Policy Are Written Contracts Necessary? Effect of Collective Agreements, Court Orders and Statues on Contracts The Theory of Implied Terms Variation of Contract and Effect of Custom and Usage Unilateral Variation of Contract

1. Types of Contacts of Employment

Monthly Contracts of Employment Fixed Term Contracts Probation Probation Defined The Right of the Employer to terminate the Services of the Probationer Re-employment on Probation Casual Employment Temporary Contracts of Employment Seasonal Contracts of Employment Apprenticeship and Training Legal Status of Non-Permanent Employees

1. Scope of Termination of Contract
2. Resignation
3. Doctrine of Constructive Termination

Repudiation of Contract

1. Frustration of Contract and Impossibility of Performance
2. Vacation of Employment

Absence of the Employee beyond the Contractual Period Intention to Desert or Abandon Employment Emergency Regulations and Vacation of Employment Section 2(II) of the Essential Services Order

1. Non-disciplinary Terminations – Termination of Employment of Workmen Act

Introduction Nature of Prohibition on Termination and Exceptions to the Operation of the Act Definition of Scheduled Employment Definition of Termination Non-Disciplinary Termination Termination and Non-Employment by the Employer Non-Employment as a Consequence of Closure What is the Prior Consent in writing of a Workman? Consequences of Terminations in Breach of Act and Commissioner’s Powers Effects of an Application made under the Act Conclusions