| Questions |
Answers |
Where the contract of service is not in
writing should the employer give an
employee the conditions of work in writing?
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If the period of employment exceeds one month and
exceeds eight hours of work a week, the employer is bound to give a written
statement to the employee showing his/her conditions of work, within 8
working days from the commencement of employment. It is also a good practice if the employee
is given a job description. |
| What is the difference between a definite (fixed term) and an indefinite contract of service? |
As its name implies an indefinite contract of service means that the employee is engaged in an employment for an indefinite period (without a limit). On the other hand a fixed term contract is a contract wherein both parties usually agree on its duration and thus incorporates an expiry date. |
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Is there a time limit after which a fixed term
contract can be changed to an indefinite duration?
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Excluding exceptions for justified reasons, a
fixed term contract can be successively renewed up to a maximum period of
four years after which the employee shall be considered to be under a
contract of indefinite duration. An employee whose fixed term contract has
expired and is retained in employment will also be considered to be under an
indefinite contract if the employer does not produce a new contract of
service within twelve (12) days following the expiry of the previous
contract.
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Can an indefinite contract of employment be
changed into a definite one?
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A contract of employment agreed on an indefinite
basis cannot be changed into a definite duration if substantially the same
work will be carried out.
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