UNIT CODE: BAF2105

UNIT TITLE: BUSINESS LAW

GROUP CAT ASSIGNMENT

GROUP MEMBERS

S/N NAMES ADMISSION NUMBER

1 CHARLES KURIA BEDA/2022/49079
2 MORRIS GICHINI BEDA/2022/48898
3 AKINYI MARY BEDA/2022/50182
4 RAHAB SIAMETO BEDA/2022/45405
5 DAVID SARINKE BEDA/2023/73061
6 NYADARO BENSON BEDA/2020/92422
7 WINCENT NDANU BEDA/2022/50192
8 JANE NJERI BEDA/2020/90937
9 RUTH DIMA BEDA/2023/66882
10

QUESTION THREE

what is an employment contract?

An employment contract is an agreement that covers the working relationship between a

company and an employee. It allows both parties to clearly understand their obligations and
the terms of employment.

More specifically, an employment contract can include:

 Salary or wages: Contracts will itemize the salary, wage, or commission that has been
agreed upon.
 Schedule: In some cases, an employment contract will include the days and hours an
employee is expected to work.
 Duration of employment: An employment contract will specify the length of time the
employee agrees to work for the company. In some cases, this might be an ongoing
period of time. In other cases, it might be an agreement set for a specific duration. At
other times a minimum duration is laid out, with the possibility of extending that period.
 General responsibilities: Contracts can list the various duties and tasks a worker will be
expected to fulfil while employed.
 Confidentiality: Although you may have to sign a separate non-disclosure agreement,
some contracts include a statement about confidentiality.
 Communications: If an employee's role involves handling social media, websites, or
email, a contract might state that the company retains ownership and control of all
communications.
 Benefits: A contract should lay out all promised benefits.
 Future competition: Sometimes, a contract will include a noncompeting agreement or
noncompeting clause (NCC). This is an agreement stating that, upon leaving the
company, the employee will not enter into jobs that will put them in competition with the
company. Often, an employee will have to sign a separate NCC, but it might also be
included in the employment contract.

COPARISON BETWEEN EMPOYER AND EMPLOYEES

1. Employees provide services or perform tasks for a company, while employers hire and
manage employees.
2. Employees receive compensation in salaries or wages, whereas employers pay the
salaries and provide benefits.
3. Employees follow company policies and report to supervisors, while employers create
policies and oversee the business.
DUTIES OF AN EMPLOYER
The duties of an employer include;
 Providing and maintaining a safe workplace, machinery and equipment.
 Paying the employees the salary and benefits they agreed to.
 Giving the employees a place to work and the tools, equipment and other things they need
to do their work.
 Following the federal and state laws for payment, safety, reporting, and fair treatment.
 Respecting the duty of care, trust, confidence and fidelity towards the employees.

RIGHTS OF AN EMPLOYER
Employers have the following rights;
 To provide safe working conditions.
 To hire and dismiss workers providing they are following proper procedures.
 To expect reasonable work performance from their staff.
 To set wages, work hours, and benefits.
 To maintain a discrimination-free workplace.

DUTIES OF AN EMPLOYEE
Below are the Responsibilities of employees towards their employers:
 The first and foremost duty of any employees is to carry out the job he has been hired to
do.
 It’s also the employee’s duty to do his job carefully and sincerely.
 As employees, they must avoid putting themselves or others in a dangerous position.
 The employees are liable to maintain all the rules of the organisations while carrying out
their works.

RIGHTS OF AN EMPLOYEE
Employees have the following rights;
 Right to be free from unlawful discrimination and harassment based on race, colour,
religion, sex, national origin, disability, age, or genetic information.
 Right to a safe and healthy work environment free of dangerous conditions, toxic
substances, and potential safety hazards.
 Right to receive equal pay for equal work.
 Right to take breaks and rest periods during the workday.
  Right to join trade unions and engage in collective bargaining.

RESPONSIBILITIES OF EMPOYERS TOWARDS EMPLOYEES

The responsibilities of employers towards employees are crucial for maintaining a healthy
and productive work environment. They include;
1. Providing a Safe Work Environment:
Employers must ensure that the workplace is safe and free from hazards. This includes
addressing physical, chemical, and biological risks. Regular safety inspections, proper
equipment maintenance, and adherence to safety protocols are essential.
2. Supplying Necessary Tools and Equipment:
Employers should furnish employees with the tools, equipment, and resources needed to
perform their tasks effectively. Whether it’s a computer, machinery, or protective gear,
providing the right tools is vital.
3. Training and Knowledge Enhancement:
Employers are responsible for training employees adequately. Equipping workers with the
necessary knowledge and skills ensures efficient job performance.
4. Timely Payment of Salary and Benefits:
Employers must fulfil their financial obligations promptly. This includes paying salaries,
benefits, and any agreed-upon compensation.
5. Health, Safety, and Welfare of Employees:
Employers must prioritize the well-being of their workforce. Measures to safeguard health,
such as access to medical facilities and mental health support, fall under this responsibility.
6. Compliance with Legal and Ethical Standards:
Employers should adhere to employment laws and regulations. Treating employees fairly,
preventing discrimination, and respecting their rights are ethical imperatives.
7. Consultation and Communication:
Employers should involve employees in decision-making processes. Consulting them before
making significant changes to employment terms fosters transparency.
 TYPES OF EMPLOYMENT
1. Employment Contract:
An employment contract is a legally binding agreement between an employer and an
employee, freelancer, independent contractor, or subcontractor. It outlines the terms of
employment, ensuring that both parties understand their roles and responsibilities.
Examples of employment agreements include:
 Employment contract
 Independent contractor agreement
 Consulting agreement
2. Employment Status:
Employment status refers to the legal classification of a worker, which determines their
rights and protections.
There are two primary types:
a) Employee: Hired individuals who receive wages for the benefit of the employer.
Employees are entitled to minimum wage, overtime regulations, and other protections.
Subcategories of employees:
 Full-Time: Typically work 40 hours a week.
 Part-Time: Work less than 30 hours per week.
 Temporary: Hired for a specific duration or project.
 Seasonal: Employed during peak seasons in certain industries.
 Leased: Hired through staffing agencies and on the employer’s payroll.
 Self-Employed: Individuals who work for themselves and manage their own business
affairs.
b) Contingent Workers:
Contingent workers are not traditional employees but play a crucial role in modern labour
markets.
They include:
 Freelancers
 Contractors
 Temporary workers
 Gig economy workers

WHAT IS TERMINATION OF A CONTRACT?

Parties. This. Termination. Generally.
 WHAT CAN LEAD TO TERMINATION OF A CONTRACT
Contract termination occurs when a contract is ended before all parties have fulfilled their
obligations. some common reasons for contract termination include;

a) Breach of Contract: If one party fails to meet their obligations or acts inconsistently with the
contract terms, the non-breaching party can terminate the contract. However, the breaching
party may still be liable for damages.
b) Impossibility of Performance: When fulfilling the contract becomes impossible due to
unforeseen events (such as changes in the law), parties may choose to terminate the
contract.
c) Mutual Agreement: Sometimes, all parties involved prefer to end the contract early because
it no longer provides value. In such cases, they can mutually agree to terminate it.

SUSPENSION OF THE CONTRACT OF EMPLOYMENT

Suspension of the employment contract is a temporary termination of the employment
relationship.The employment contract is void during the suspension period, but the debts
continue as in the period before the suspension period.Generally, you can only legally
suspend an employee if the right exists in the employment agreement, the relevant award or
enterprise agreement.
In the context of civil law, twokinds of suspension are acknowledged;
1. The suspension of the contract that can be put down to the erroneous conduct of one of the
contaracting parties.
2. The suspensions for which an extraneous cause or circumstances beyond one of the parties’
control can be blamed.