Think of a servant (employee) as someone you directly control—you tell them exactly what to do and how to do it. A contractor is more like someone you hire to do a specific job, and they decide how to do it.
The term "employment" encompasses a broad range of meanings, but at its core, it refers to a relationship where an individual performs work or services for another entity in exchange for compensation.
Employment generally signifies a formal agreement between an employer and an employee, where the employee provides labour or services in return for wages or a salary.
Employment involves the performance of specific tasks, duties, or responsibilities.
In exchange for their work, employees receive payment, which can be in the form of wages, salary, or other benefits.
Employment establishes a legal relationship between the employer and the employee, defining their respective rights and obligations.
Typically, the employer has a degree of control over the employee's work, including how and when it is performed.
Employment is governed by various laws and regulations that protect the rights of both employers and employees. These laws cover aspects such as wages, working conditions, and termination of employment.
Employment is a crucial factor in the economy, as it contributes to the production of goods and services and provides individuals with income.
Employment plays a significant role in individuals' lives, providing not only financial security but also a sense of purpose and social connection.
The Labour Relations Act [Chapter 28:01] of Zimbabwe is the primary legislation that governs employment relations in the country. It outlines the fundamental rights of employees, aiming to ensure fair labour practices and protect workers' welfare.
Here's a breakdown of some key rights as defined in the Act:
Employees have the right to fair labour standards, which include:
This section aims to ensure that employees are not exploited and work in a safe environment.
Employees have the right to form and join trade unions of their choice to represent their interests.
They also have the right to engage in collective bargaining with their employers to negotiate terms and conditions of employment.
This is a very important right, that allows employees to have a voice in the workplace.
The Act prohibits unfair labour practices, which include:
This section protects employees from unfair treatment by their employers.
Employees have the right to be protected against discrimination in employment based on grounds such as race, colour, religion, sex, marital status, age, disability, or political affiliation.
This section promotes equality and fairness in the workplace.
Female employees are entitled to maternity leave with pay, as prescribed by the Act.
This protects the rights of female employees during pregnancy and childbirth.
Employees are entitled to paid sick leave, subject to certain conditions.
This ensures that employees can take time off work when they are ill.
The Act sets out the procedures for the termination of employment, ensuring that employees are not unfairly dismissed.
It also provides for notice periods and severance pay in certain cases.
This section aims to ensure that employees are not dismissed arbitrarily.
Employees have a right to information relating to their employment.
This ensures transparency in the workplace.
The employer is obligated to pay the employee the agreed-upon wages or salary at the agreed-upon time, without any unauthorized deductions or delays. This duty extends beyond mere payment; it encompasses ensuring that the compensation reflects the value of the work performed and is competitive within the relevant industry. The employer must also provide clear and transparent payslips, detailing the breakdown of earnings, deductions, and any other relevant information. Furthermore, the employer should establish a consistent and reliable payroll system, ensuring that employees receive their compensation on time and without errors.
Employers must take reasonable steps to ensure the safety and health of their employees. This includes providing adequate safety equipment, maintaining safe working conditions, and preventing workplace hazards. The employer should conduct regular risk assessments to identify potential hazards and implement appropriate control measures. Additionally, the employer should provide comprehensive safety training to employees, empowering them to recognize and mitigate risks. The employer should also foster a culture of safety, encouraging employees to report any unsafe conditions or practices. Furthermore, the employer must comply with all applicable occupational health and safety regulations, ensuring that the workplace is free from hazards that could cause injury or illness.
In most cases, employers have a duty to provide employees with work consistent with their employment contract. This duty can vary depending on the nature of the employment relationship. The employer should assign tasks that are within the employee's skill set and experience and provide clear instructions and expectations. The employer should also ensure that the employee has the necessary resources and support to complete their assigned tasks. Furthermore, the employer should avoid assigning work that is demeaning or degrading, or that could harm the employee's professional reputation.
Employers must treat all employees fairly and without discrimination based on protected characteristics such as race, gender, religion, or disability. This duty promotes equality and respect in the workplace. The employer should establish clear and transparent policies and procedures for recruitment, promotion, and other employment-related decisions. The employer should also provide training to employees on diversity and inclusion, fostering a workplace culture that values and respects individual differences. Furthermore, the employer should promptly address any complaints of discrimination or harassment, taking appropriate disciplinary action against those found to be in violation of the law or company policy.
Employers must provide employees with reasonable notice of termination, or pay in lieu of notice, as required by law or the employment contract. This protects employees from abrupt job loss. The length of reasonable notice may vary depending on the employee's position, length of service, and the reasons for termination. The employer should provide written notice of termination, clearly stating the reasons for the termination and the effective date. Furthermore, the employer should provide outplacement services or other forms of support to assist the employee in finding new employment.
Employers may have a duty to maintain the confidentiality of employee information, such as personal data and medical records. This protects the employee’s privacy. The employer should implement appropriate security measures to protect employee information from unauthorized access or disclosure. The employer should also ensure that only authorized personnel have access to employee information, and that they use the information only for legitimate business purposes. Furthermore, the employer should comply with all applicable data privacy laws and regulations.
Employers are obligated to comply with all applicable labour laws and regulations, including those related to working hours, overtime, and leave entitlements. This ensures legal compliance. The employer should stay up to date on changes to labour laws and regulations and implement any necessary changes to their policies and practices. The employer should also provide training to employees on their rights and responsibilities under labour laws. Furthermore, the employer should maintain accurate records of employee hours, wages, and other relevant information, and make these records available to employees upon request.
Employees must perform their assigned tasks with reasonable skill, care, and diligence. This encompasses not only the technical proficiency required for the job but also the application of sound judgment and attention to detail. Employees are expected to utilize their expertise and training to complete tasks efficiently and effectively, minimizing errors and maximizing productivity. This duty extends to proactively identifying and addressing potential issues that may arise during their work, demonstrating a commitment to quality and excellence. Furthermore, employees are expected to maintain and enhance their skills through continuous learning and professional development, ensuring that they remain competent and capable of meeting the evolving demands of their roles. They must also use any provided tools, and equipment in the correct manner, and with care.
Employees are obligated to adhere to the lawful and reasonable instructions given by their employer or authorized supervisors. This duty is essential for maintaining order and discipline within the workplace, ensuring that tasks are carried out in a coordinated and efficient manner. Lawful instructions are those that comply with applicable laws and regulations, while reasonable instructions are those that are consistent with the terms of the employment contract and the nature of the employee's role. Employees must exercise sound judgment in determining the legitimacy of instructions and should raise any concerns or objections with their employer in a respectful and constructive manner. This duty also implies that employees should promptly and diligently execute instructions, demonstrating a willingness to cooperate and contribute to the overall goals of the organization.
Employees are expected to act in the best interests of their employer, demonstrating unwavering loyalty and good faith in their professional conduct. This duty requires employees to avoid conflicts of interest, refrain from engaging in activities that could harm the employer's business and protect confidential information. Employees should prioritize the employer's objectives over their personal interests, fostering a relationship of trust and mutual respect. This duty extends to refraining from making disparaging remarks about the employer or the company, both during and after employment. Employees should also be transparent in their dealings with the employer, disclosing any information that could affect the employer's interests.
Employees are entrusted with sensitive information during their employment and are obligated to maintain its confidentiality, both during and after their tenure. This duty extends to trade secrets, customer lists, financial data, and other proprietary information that could harm the employer's competitive advantage. Employees should take reasonable steps to safeguard confidential information, such as storing documents securely and avoiding unauthorized disclosure. This duty also implies that employees should not use confidential information for personal gain or to benefit a competitor.
Employees are expected to provide their employer with reasonable notice of their intention to resign, allowing the employer sufficient time to find a suitable replacement and minimize disruption to business operations. The length of reasonable notice may vary depending on the employee's position, the nature of the industry, and the terms of the employment contract. Employees should provide written notice of their resignation, clearly stating their intended departure date. This duty demonstrates professionalism and respect for the employer, ensuring a smooth transition and maintaining a positive working relationship.
Employees are expected to familiarize themselves with and adhere to the workplace policies and procedures established by the employer. These policies and procedures provide guidelines for employee conduct, performance, and workplace safety, ensuring a consistent and orderly work environment. Employees should seek clarification from their employer if they have any questions or concerns about workplace policies.
Employees have a duty to act in a safe manner, and to use any provided safety equipment. This includes following safety protocols, reporting hazards, and taking precautions to prevent accidents. They must also refrain from actions that might endanger themselves or others.
Think of an employee like someone who works "inside" your company. You tell them what to do, how to do it, and when to do it. An independent contractor is like someone you hire "from the outside" to do a specific job. They decide how to do it, and you just care about the result.
The termination of a contract signifies the end of the legal obligations and rights created by the agreement between the parties. It can occur in various ways, each with its own set of legal implications. Let us explore the common methods of contract termination.
A contract can end when everyone agrees it is finished, when the agreed time is up, when the job is done, if someone breaks the rules, or if something unexpected makes it impossible.
This is the most straightforward method. The parties mutually agree to end the contract, either through a new agreement or by exercising a termination clause within the original contract.
For example, two businesses agree to end a supply contract because their needs have changed. This is a clean and amicable end to the contract.
The contract is terminated when all parties have fully performed their obligations as specified in the agreement.
For example, a construction company completes building a house according to the contract, and the homeowner pays the agreed-upon amount. The contract is then fulfilled.
If the contract specifies a fixed duration, it automatically terminates when that time expires.
For example, a one-year lease agreement ends after the year has passed, unless both parties agree to renew it.
A material breach of contract by one party gives the other party the right to terminate the contract. A material breach is a significant failure to perform the terms of the contract.
For example, a supplier fails to deliver goods as agreed, and this failure causes significant losses to the buyer. The buyer can then terminate the contract.
This occurs when an unforeseen event makes it impossible to perform the contract. The event must be beyond the control of both parties.
For example, a concert venue is destroyed by a natural disaster, making it impossible to hold the scheduled concert. The contract with the performers is then frustrated.
Certain legal events can automatically terminate a contract, such as:
Many contracts include a clause that allows either party to terminate the contract by giving a specified period of notice.
For example, an employment contract may state that either the employer or employee can terminate the contract by giving one month's notice.
Rescission is the act of setting a contract aside as if it never existed. This can occur when there has been misrepresentation, fraud, or duress.
For example, someone is pressured into signing a contract by threat of violence. They can then ask for the contract to be rescinded.