Employer Relationship In Employment Law

Employer – Employee relationship is based on the contract of employment and that has been the main pillar in “Employment law”. All the other aspects of employment law have organized around the contract of employment.

Under Roman reign there was slave and his master. It was slave’s obligation to provide services to his master and he was considered as a property more than a person. Slavery was abolished later. But in every period one man needed another one’s service. When the world develops the whole master – servant relationship was also changed from slave – master relationship to employee – employer relationship.

Contract of Employment is known as a relationship which two parties enter voluntarily in mutually agreed terms and restrictions

Nandasena court held “the existence of a contract is ‘sine quo non ’ for identifying a workman ”. Labour law governs employer- employee relationships only. Therefore having a contract, verbal or written is highly required to identify an employee. 3.2 Essential features of a contract of employment

Even though it is not a requirement a contract of employment to be in writing, Shop and Office Employees Act states an exception. In section 17 of the act it states that an employer is required to issue a letter of appointment including all the details about conditions and terms of the employment.

A valid contract of employment must have certain features. Offer of the employer and acceptance by the employee. And the contract must not be contrary to public policies and must be lawful. Both parties must have the legal capacity to enter into a contract.

3.3 Terms and Conditions

In a valid contract of employment there are two types of terms; express terms and implied terms. Express terms are known as the provision which are included in the contract in writing or orally and implied terms are such terms which haven’t communicated by parties in orally or writing but are considered to be applicable by nature. For example faithfulness to the employer or to the business, honesty and confidentiality etc. These terms have to be in accordance with the respected labour laws of the country and such a term which is inconsistence with the law of the

Gratuity

4.3 Rights of an employee

There is an age limit decided by the statutes and this would prevent using children as labours. Working hours are fixed as 9 hours per day including an hour for meal and rest and not exceeding 45 hours a week. But this does not apply to news anchors, press photographers, employees of residential hotels, clubs and other places of entertaining, employees of offices managed by airlines at the airports. However according to wages board ordinance maximum hours of working are 48 hours per week.

Overtime means when someone works exceeding the normal working hours, such persons are entitled to an extra payment. But an employer cannot engage an employee in overtime exceeding 12 hours per week. All the employees are entitled to six types of leaves and holidays; weekly holidays, public holidays, full moon poya holiday, annual leave, casual/sick leave, and maternity/paternity leave.

Every worker is entitled to one and a half day’s holiday. Saturday half day and Sunday full day holiday. Remuneration of employees can be determined with the consent of both parties and on a compulsory determination by a remuneration tribunal. But this only applies to employees covers under shop and office employees act. For others there is Wages Board Ordinance which would establish different wages boards regarding the field of