Contract of Employment

Question 1

Important definitions under the WRA.
(Section in ERA + Agreement, Employer, Worker)

Answer 1

Employment Rights Act 2008 - Section 2

Agreement - A contract of employment or contract of service between an employer and a worker, whether oral, written, implied (suggested), or express (clearly stated).

Employer -A person or org that hires a worker and is in charge of paying them..

Worker - A person who is involved in an agreement or contract for apprenticeship, not covered by the Industrial and Vocational Training Act. This includes casual jobs, manual work, office work, or any other type of work, regardless of payment. It also includes –
(i) a part-time worker
(ii) a former worker where appropriate.
(iii) a shareworker.

Question 2

What are the 2 parts that the explanation of Contract of employment is divided into?

Answer 2

• The general law of contract.
• What is a contract of employment?

Question 3

When making a contract, what does it follow? + What does the doc give?(The general law of contract)

Answer 3

Every contract follows the basic rules set by the Code Civil Mauricien.
These rules explain how contracts are made, the responsibilities of each party, and what happens if those responsibilities are not met.

Question 4

What are the 4 essential conditions for the validity of an agreement/contract?

Answer 4

Article 1108 of the Code Civil Mauricien.
* the consent of the party committing;
* their ability to contract;
* a specific object that is the subject of the commitment;
* a lawful reason for the obligation.”/
“Quatre conditions sont essentielles pour la vaildité d’une convention:
* le consentement de la partie qui s’oblige;
* sa capacité de contracter;
* un objet certain qui forme la matière de l’engagement;
* une cause licite dans l’obligation.”

Question 5

What does a (general) contract need to satisfy/meet to be valid? (Elements)

Answer 5

1. Each party must consent to the contract. ()
2. The parties must have ‘capacité’ to enter into the contract.
3. The contract’s subject must be clear. (‘objet certain’)
4. The contract must be for (serve) a legal/lawful purpose.(‘cause licite’)

Question 6

Explain the elements for a contract to be valid in detail.

Answer 6

(A) Consent of the parties
Contract Consent and Its Validity
* Contract parties must agree to terms and conditions.
* Consent is valid if it’s free from ‘vices de consentement’.
* Article 1109 of the CCM- Invalid Consent:
- Erreur.
- Violence.
- Dol.

(i) The parties’ consent is not valid if there has been an error about:
- what the contract is about (for example, you agree to buy chairs but receive a sofa instead);
- the nature of what is being bought (for instance, you sign to buy wooden chairs but get plastic ones);
- who the other party is (for example, you make a deal with A to buy his car but end up with B’s car).
(ii) Violence
If someone is forced into a contract by violence (moral or physical), their agreement is considered invalid due to coercion.
(iii) Dol
If a party uses deceptive tactics to persuade someone to sign a contract, and that person agrees because of these tactics, their agreement is not valid.

(B) Capacity of parties
Every party involved in a contract must be legally capable of entering into a contract. Therefore, the law identifies certain individuals as ‘incapable’:
- Those who are mentally ill (insane)
- Minors
(C) Subject matter
Every contract needs a subject matter, like a property, an item, or an activity. This subject matter should be clearly defined in the contract.
(D) Lawful purpose (‘Cause licite’)
A contract requires a valid reason for the parties to fulfill their obligations. This reason must be legal, meaning the purpose of the contract cannot be illegal or against public order. For example, selling human organs is not allowed.

Question 7

What is a contract of employment?

Answer 7

· Legal agreement between employer and employee outlining employment terms and conditions.
· Includes job title, duties, compensation, benefits, duration, and termination.
· Can be written or oral, permanent or fixed term.
· Must comply with labour law or be more favorable to the employee.

▪ Contracts must follow the general contract law principles.
▪ Parties can discuss and agree on terms as long as they follow the law.
▪ A clear agreement is crucial for a contract to be valid.
Consent obtained through Error, Violence, or Dol is invalid (Article 1109).

Question 8

What are the 3 essential elements when constructing a contract of employment (For it to be valid)?

Answer 8

1. An activity.
2. Remuneration/Compensation.
3. Abide by the law.