All persons engaged in oral and implied contracts of employment are protected under the law and they are employees with entitlements equal to those of their counter parts.
The Employment Act defines a contract of service to mean a contract whether oral or in writing, whether express or implied, where a person agrees in return for remuneration to work for an employer and includes a contract of apprenticeship.
Section 25 of the Employment Act gives liberty to the parties to either enter into oral or written contracts of service save for those contracts required to be in writing by Employment Act or any other law.
Under the Contracts Act, a contract whose subject matter exceeds Ush.500.000/= must be made in writing. Implying that where an employee earns a salary of not more than 500,000/- (five hundred thousand shillings) is at liberty to enter into an oral contract of service and hence protected under the law.
It is my humble opinion that employees under employment without written contracts but paid below Ush.500.000/= (five hundred thousand shillings) enjoy the same rights as those in possession of written contracts of Employment including but not limited to being paid a salary/wages.
I advise that it is always safe for an employee to enter into a written contract of service with his employer, which would stipulate clearly the terms of service, remuneration, leave and salary increment if any for purposes of reference in case of disagreement.
Where the employees without a written contract of service find themselves unlawfully dismissed or terminated and or denied a salary/wage, it is always important for the employee to rely on;
i. Evidence of how you have been paid in the past in order to demand for the arias,
ii. Evidence of signing in and out of your places of work.
iii. CCTV footages installed in some offices/places of work
iv. Testimonies of fellow employees who know you at the place of work as an employee.
v. Employment I.D if any is equally important.
vi. Some awards given to you in recognition of your exceptional performance by employer is important too.
The foregoing pieces of evidence can help you prove that you were indeed an employee for a particular company or person.
All persons engaged in oral and implied contracts of employment are protected under the law and they are employees with entitlements equal to those of their counter parts.
The Employment Act defines a contract of service to mean a contract whether oral or in writing, whether express or implied, where a person agrees in return for remuneration to work for an employer and includes a contract of apprenticeship.
Section 25 of the Employment Act gives liberty to the parties to either enter into oral or written contracts of service save for those contracts required to be in writing by Employment Act or any other law.
Under the Contracts Act, a contract whose subject matter exceeds Ush.500.000/= must be made in writing. Implying that where an employee earns a salary of not more than 500,000/- (five hundred thousand shillings) is at liberty to enter into an oral contract of service and hence protected under the law.
It is my humble opinion that employees under employment without written contracts but paid below Ush.500.000/= (five hundred thousand shillings) enjoy the same rights as those in possession of written contracts of Employment including but not limited to being paid a salary/wages.
I advise that it is always safe for an employee to enter into a written contract of service with his employer, which would stipulate clearly the terms of service, remuneration, leave and salary increment if any for purposes of reference in case of disagreement.
Where the employees without a written contract of service find themselves unlawfully dismissed or terminated and or denied a salary/wage, it is always important for the employee to rely on;
i. Evidence of how you have been paid in the past in order to demand for the arias,
ii. Evidence of signing in and out of your places of work.
iii. CCTV footages installed in some offices/places of work
iv. Testimonies of fellow employees who know you at the place of work as an employee.
v. Employment I.D if any is equally important.
vi. Some awards given to you in recognition of your exceptional performance by employer is important too.
The foregoing pieces of evidence can help you prove that you were indeed an employee for a particular company or person.
