Podcast
Questions and Answers
What age defines a 'young person' according to the Employment Act?
What age defines a 'young person' according to the Employment Act?
- Under 18 years
- Under 15 years (correct)
- Under 21 years
- Under 12 years
Which act prohibits the employment of a child as a domestic worker?
Which act prohibits the employment of a child as a domestic worker?
- Employment Act
- Employment of Young Persons and Children Act
- Minimum Wages and Conditions of Employment Order (correct)
- Apprenticeship Act
What is a key distinction between a contract for service and a contract of service?
What is a key distinction between a contract for service and a contract of service?
- A contract of service often results in independent contractor status.
- A contract for service typically involves an ongoing employer-employee relationship.
- A contract of service usually covers temporary specific tasks without ongoing commitment.
- A contract for service is generally used for freelance or self-employed individuals. (correct)
Which form of confidentiality is typically recognized at common law?
Which form of confidentiality is typically recognized at common law?
Which situation may require special employment contracts?
Which situation may require special employment contracts?
Under which condition can a young person be employed during a school vacation according to the Employment Act?
Under which condition can a young person be employed during a school vacation according to the Employment Act?
What is the potential consequence of misclassifying an employee?
What is the potential consequence of misclassifying an employee?
Which type of work is explicitly prohibited for children as stated in the Employment of Young Persons and Children Act?
Which type of work is explicitly prohibited for children as stated in the Employment of Young Persons and Children Act?
What is an individual employment contract primarily designed to do?
What is an individual employment contract primarily designed to do?
What is the definition of a 'child' according to the Employment of Young Persons and Children Act?
What is the definition of a 'child' according to the Employment of Young Persons and Children Act?
Which of the following is NOT typically included in the content of an individual employment contract?
Which of the following is NOT typically included in the content of an individual employment contract?
Can children be employed for artistic performances, according to the Employment of Young Persons and Children Act?
Can children be employed for artistic performances, according to the Employment of Young Persons and Children Act?
What does the duration of employment section in an individual contract refer to?
What does the duration of employment section in an individual contract refer to?
What type of employment relationship is characterized by fixed-duration contracts?
What type of employment relationship is characterized by fixed-duration contracts?
Who must approve employment for young persons in certain circumstances, according to the Employment Act?
Who must approve employment for young persons in certain circumstances, according to the Employment Act?
What essential understanding is necessary regarding employment relationships?
What essential understanding is necessary regarding employment relationships?
Which of the following is NOT defined as a domestic worker under the Minimum Wages and Conditions of Employment Order?
Which of the following is NOT defined as a domestic worker under the Minimum Wages and Conditions of Employment Order?
What is one main reason for having individual employment agreements?
What is one main reason for having individual employment agreements?
In the context of individual employment contracts, what does 'at-will' employment mean?
In the context of individual employment contracts, what does 'at-will' employment mean?
Who may be classified as having a special employment contract?
Who may be classified as having a special employment contract?
How does an individual employment contract differ from a collective employment agreement?
How does an individual employment contract differ from a collective employment agreement?
Which of the following best categorizes a void contract?
Which of the following best categorizes a void contract?
What role do working hours play in an individual employment contract?
What role do working hours play in an individual employment contract?
What is the significance of being literate for parties entering into contracts?
What is the significance of being literate for parties entering into contracts?
What distinguishes a contract of service from a contract for service?
What distinguishes a contract of service from a contract for service?
Which of the following rights is typically associated with a contract of service?
Which of the following rights is typically associated with a contract of service?
What is a key characteristic of a void contract?
What is a key characteristic of a void contract?
What best describes a contract for service?
What best describes a contract for service?
Under which act is the employer defined as anyone who has entered into a contract of service?
Under which act is the employer defined as anyone who has entered into a contract of service?
What happens to a lawful contract if one party decides to terminate it?
What happens to a lawful contract if one party decides to terminate it?
Which term describes an agreement that becomes invalid due to illegality?
Which term describes an agreement that becomes invalid due to illegality?
Which of the following is NOT a typical characteristic of a contract of service?
Which of the following is NOT a typical characteristic of a contract of service?
What is one of the obligations of an employer in the employment relationship?
What is one of the obligations of an employer in the employment relationship?
Under what circumstance can an employee seek an action on quantum meruit?
Under what circumstance can an employee seek an action on quantum meruit?
What does the case of Hudson v Ridge Manufacturing Ltd illustrate?
What does the case of Hudson v Ridge Manufacturing Ltd illustrate?
What fundamental breach occurs when an employer fails to fulfill their duty?
What fundamental breach occurs when an employer fails to fulfill their duty?
What must an employer do to meet the duty of care regarding workplace safety?
What must an employer do to meet the duty of care regarding workplace safety?
In what scenario could an employer be liable for a breach of duty?
In what scenario could an employer be liable for a breach of duty?
Which of the following represents a modification of the general rule regarding employer obligations?
Which of the following represents a modification of the general rule regarding employer obligations?
What is implied by the employer's duty of care in the context of negligence?
What is implied by the employer's duty of care in the context of negligence?
Study Notes
Presumption of Willing Participation in Contracts
- Literate parties are presumed to have entered contracts willingly, barring fraud or caprice.
Individual Employment Contracts
- Two types exist: individual and collective.
- Individual contracts detail terms and conditions, particularly pay, agreed individually, not collectively.
- They allow for tailored employment terms (pay, benefits) differing among colleagues.
- A legally binding written contract between employer and employee defining their working relationship.
- Used when collective agreements or union representation are absent.
- Aims to minimize misunderstandings by outlining rights and obligations.
Content of Individual Employment Contracts
- Names of employer/organization and employee.
- Detailed job description (duties, roles, title).
- Nature of the agreement (e.g., at-will).
- Employment duration (ongoing or fixed-term).
- Working hours (days and hours per week).
- Illegal or unlawful collateral agreements render the main contract void.
Void vs. Voidable Contracts
- Void contracts are illegal and invalid from the outset.
- Voidable contracts are initially lawful but can be invalidated if a party chooses to terminate.
Contract of Service vs. Contract for Services
- Contract of service (employment contract) differs from contract for services (self-employment).
- The distinction determines employee rights (minimum wage, holiday pay, sick leave, fair dismissal, etc.).
- Self-employed individuals are assumed to manage their own affairs, without employer-provided rights.
Contract of Service Definition
- Zambian Employment Act CAP 268 defines an employer as anyone contracting to employ another, including their representatives.
- A contract of service involves one person working under another's complete control, establishing employee status.
Child Labor Statutes
- Three main statutes address child labor in Zambia: Employment Act, Minimum Wages and Conditions of Employment (Domestic Workers) Order 2011, and Employment of Young Persons and Children Act No. 10 of 2004.
- Employment Act defines "young person" as under 15, with exceptions for school vacations or if school admission is unobtainable (requiring officer approval).
- Minimum Wages and Conditions of Employment (Domestic Workers) Order 2011 prohibits employing children under 15 as domestic workers.
- Employment of Young Persons and Children Act No. 10 of 2004 defines "child" as under 15 and "young person" as 15-17. It prohibits child labor in several sectors (mines, quarries, demolition, transport) with exceptions for artistic performances or education-related work (approved by authorities).
Employer's Duties
- Duty to pay wages: fundamental breach occurs with non-payment. Quantum meruit actions are possible if wages weren't initially set. Repudiatory breach arises from wage failures.
- Duty to provide a safe working environment: Common law negligence applies. Employers must implement safe practices, equipment, training, supervision, and corrective measures to prevent accidents. Liability extends to reasonably foreseeable injuries.
- Likelihood of injury: Employers knowing of potential injury from past experience are liable for not taking corrective action (e.g., failing to address a "practical joker" causing injury).
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