Untitled Quiz
40 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

  • 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?

  • 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?

    <p>Equitable confidentiality</p> Signup and view all the answers

    Which situation may require special employment contracts?

    <p>Employment of minors and disabled individuals.</p> Signup and view all the answers

    Under which condition can a young person be employed during a school vacation according to the Employment Act?

    <p>If they are not accepted into any school</p> Signup and view all the answers

    What is the potential consequence of misclassifying an employee?

    <p>Claims for wrongful dismissal.</p> Signup and view all the answers

    Which type of work is explicitly prohibited for children as stated in the Employment of Young Persons and Children Act?

    <p>Industrial undertakings</p> Signup and view all the answers

    What is an individual employment contract primarily designed to do?

    <p>Allow for legal terms to be negotiated individually without requiring union representation.</p> Signup and view all the answers

    What is the definition of a 'child' according to the Employment of Young Persons and Children Act?

    <p>Under 15 years</p> Signup and view all the answers

    Which of the following is NOT typically included in the content of an individual employment contract?

    <p>Preferred union affiliation of the employee.</p> Signup and view all the answers

    Can children be employed for artistic performances, according to the Employment of Young Persons and Children Act?

    <p>Yes, if allowed by Statutory Instrument</p> Signup and view all the answers

    What does the duration of employment section in an individual contract refer to?

    <p>Whether the employment is temporary or ongoing without a set timeline.</p> Signup and view all the answers

    What type of employment relationship is characterized by fixed-duration contracts?

    <p>Temporary employment relationships.</p> Signup and view all the answers

    Who must approve employment for young persons in certain circumstances, according to the Employment Act?

    <p>A proper officer</p> Signup and view all the answers

    What essential understanding is necessary regarding employment relationships?

    <p>Knowing the differences impacts entitlements and benefits.</p> Signup and view all the answers

    Which of the following is NOT defined as a domestic worker under the Minimum Wages and Conditions of Employment Order?

    <p>A construction laborer</p> Signup and view all the answers

    What is one main reason for having individual employment agreements?

    <p>To reduce the risk of misunderstandings about rights and obligations.</p> Signup and view all the answers

    In the context of individual employment contracts, what does 'at-will' employment mean?

    <p>The employer can terminate the employee at any time without cause.</p> Signup and view all the answers

    Who may be classified as having a special employment contract?

    <p>A managing director.</p> Signup and view all the answers

    How does an individual employment contract differ from a collective employment agreement?

    <p>Individual contracts are tailored to specific employees, while collective agreements cover all employees in a union.</p> Signup and view all the answers

    Which of the following best categorizes a void contract?

    <p>An agreement that never legally existed.</p> Signup and view all the answers

    What role do working hours play in an individual employment contract?

    <p>They specify the mandatory days and hours the employee must work.</p> Signup and view all the answers

    What is the significance of being literate for parties entering into contracts?

    <p>It presumes that the parties understand the contract terms when entered willingly.</p> Signup and view all the answers

    What distinguishes a contract of service from a contract for service?

    <p>A contract of service involves complete direction and control from an employer.</p> Signup and view all the answers

    Which of the following rights is typically associated with a contract of service?

    <p>The right to sick leave.</p> Signup and view all the answers

    What is a key characteristic of a void contract?

    <p>It is considered illegal and invalid from the start.</p> Signup and view all the answers

    What best describes a contract for service?

    <p>It implies self-employment and less obligation for the employer.</p> Signup and view all the answers

    Under which act is the employer defined as anyone who has entered into a contract of service?

    <p>Zambian Employment Act CAP 268.</p> Signup and view all the answers

    What happens to a lawful contract if one party decides to terminate it?

    <p>It may become voidable.</p> Signup and view all the answers

    Which term describes an agreement that becomes invalid due to illegality?

    <p>Void contract.</p> Signup and view all the answers

    Which of the following is NOT a typical characteristic of a contract of service?

    <p>Flexibility in work tasks.</p> Signup and view all the answers

    What is one of the obligations of an employer in the employment relationship?

    <p>To ensure the work environment is safe</p> Signup and view all the answers

    Under what circumstance can an employee seek an action on quantum meruit?

    <p>When no wage was fixed at the time of the contract</p> Signup and view all the answers

    What does the case of Hudson v Ridge Manufacturing Ltd illustrate?

    <p>The employer’s liability for foreseeable injuries</p> Signup and view all the answers

    What fundamental breach occurs when an employer fails to fulfill their duty?

    <p>Failure to pay the employee a wage</p> Signup and view all the answers

    What must an employer do to meet the duty of care regarding workplace safety?

    <p>Install safety equipment and provide training</p> Signup and view all the answers

    In what scenario could an employer be liable for a breach of duty?

    <p>If a practical joker causes an accident that the employer knew about</p> Signup and view all the answers

    Which of the following represents a modification of the general rule regarding employer obligations?

    <p>Employers must also provide work in some cases.</p> Signup and view all the answers

    What is implied by the employer's duty of care in the context of negligence?

    <p>An employer is liable only for injuries that are reasonably foreseeable.</p> Signup and view all the answers

    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).

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Labour Law Module - PAM 2022 PDF

    More Like This

    Untitled Quiz
    6 questions

    Untitled Quiz

    AdoredHealing avatar
    AdoredHealing
    Untitled Quiz
    18 questions

    Untitled Quiz

    RighteousIguana avatar
    RighteousIguana
    Untitled Quiz
    50 questions

    Untitled Quiz

    JoyousSulfur avatar
    JoyousSulfur
    Untitled Quiz
    48 questions

    Untitled Quiz

    StraightforwardStatueOfLiberty avatar
    StraightforwardStatueOfLiberty
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser