HASSAN USMAN KATSINA POLYTECHNIC

COLLEGE OF ENVIRONMENTAL STUDIES

DEPARTMENT OF ARCHITECTURAL
TECHNOLOGY.

GROUP A
1. ABDULLAHI KABIR BALA H21AT001
2. ABDULBASIR ABDURRAHMAN H21AT002
3. ABUBAKAR KABIR GALADIMA H21AT005
4. ABUBAKAR KABIR RIMI H21AT006
5. AMINU IBRAHIM H21AT007

COURSE:

CONTRACT LAWS AND ARBITRATION

TITTLE:

ASSIGNMENT.

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1Q: Definition of Contract of Employer?
A contract of employment, also known as an employment agreement or a work
contract, is a legally binding agreement between an employer and an employee
that outlines the terms and conditions of their working relationship. It establishes
the rights and responsibilities of both parties and sets out the expectations for
each party involved.

The purpose of a contract of employment is to provide clarity and protection for

both the employer and the employee, ensuring that their rights and obligations
are clearly defined and understood. It serves as a reference point in case of any
disputes or disagreements that may arise during the course of the employment.

While the specific details of a contract of employment may vary depending on the
nature of the job and the industry, there are some common elements that are
typically included:

1. Parties involved: The contract will clearly state the names and addresses of the
employer and the employee involved in the agreement.
2. Job title and description: The contract will specify the employee's position title
and provide a detailed description of the job role and responsibilities.
3. Start date and duration: The contract will indicate the date on which the
employment will commence and whether it is for a fixed term or an ongoing,
indefinite period.
4. Remuneration: The contract will outline the salary, wages, benefits, and any
additional compensation that the employee will receive for their work, including
details of how and when the employee will be paid.
5. Working hours: The contract will specify the normal working hours, including
any shift work or overtime requirements, as well as any provisions for breaks or
rest periods.

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6. Place of work: The contract will state the location where the employee is
expected to carry out their work, which may include multiple worksites or the
option for remote work.
7. Holidays and leave entitlements: The contract will detail the employee's
entitlement to annual leave, sick leave, and any other types of leave, including
how they can be taken and any notice requirements.
8. Termination provisions: The contract will outline the conditions under which
either party can terminate the employment, including notice periods, severance
pay, and any conditions that must be met for termination to occur.
9. Confidentiality and intellectual property: The contract may include clauses that
relate to the protection of the employer's confidential information and
intellectual property, as well as any restrictions on the employee's ability to
compete with the employer after termination.
10. Other terms and conditions: The contract may also include other provisions
relating to matters such as non-disclosure agreements, non-compete clauses,
dispute resolution procedures, and any other specific requirements or conditions
relevant to the employment.

It is important to note that a contract of employment can be either written or

verbal, and even if it is not in writing, certain terms and conditions may still be
legally implied. However, having a written contract is generally preferred as it
provides a clear record of the agreed terms and conditions and reduces the risk of
misunderstandings or disputes between the employer and the employee.

In conclusion, a contract of employment is a legally binding agreement that

establishes the rights and obligations of both the employer and the employee. It
serves as a framework for the employment relationship and provides clarity and
protection for both parties involved.

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Q1a. Who is an Employer
An employer is an individual or an organization that hires and employs individuals
to perform specific tasks or provide services in exchange for compensation.
Employers can vary in size and scope, ranging from small businesses and startups
to multinational corporations and government agencies.

The primary role of an employer is to create job opportunities and provide

employment for individuals seeking work. They are responsible for the overall
management and direction of the company or organization, ensuring that it runs
smoothly and efficiently. Employers are crucial in driving economic growth and
development by creating jobs and contributing to the overall productivity and
wealth of a country or region.

Employers have several essential functions and responsibilities towards their

employees. These include:

1. Recruitment and Hiring: Employers are responsible for attracting qualified

candidates for job openings, conducting interviews, and selecting suitable
candidates to fill specific roles within the organization. They assess the
qualifications and skills of potential employees to make informed hiring decisions.
2. Setting Employment Terms and Conditions: Employers establish the terms and
conditions of employment, including work hours, wages or salaries, benefits
packages, and other employment-related policies. These terms are typically
outlined in employment contracts or agreements.
3. Providing a Safe and Healthy Work Environment: Employers have a legal
obligation to provide a safe and healthy work environment for their employees.
They must comply with occupational health and safety regulations, maintain
workplace safety protocols, and take necessary measures to prevent accidents,
injuries, or health hazards.

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4. Training and Development: Employers invest in the development of their
employees by offering training programs and career advancement opportunities.
They facilitate learning and skills enhancement to improve employee
performance and contribute to their professional growth and satisfaction.
5. Performance Management: Employers monitor and evaluate employee
performance regularly. They set performance goals, provide feedback, and
conduct performance reviews to assess individuals' contributions to the
organization and identify areas for improvement or recognition.
6. Providing Compensation and Benefits: Employers ensure that employees
receive fair and competitive compensation for their work. This includes wages or
salaries, bonuses, commissions, and other performance-related incentives.
Additionally, employers often offer benefits such as health insurance, retirement
plans, vacation days, and other employee benefits to attract and retain talent.
7. Ensuring Legal Compliance: Employers are responsible for complying with labor
laws, regulations, and employment standards. This includes adherence to
minimum wage requirements, overtime rules, anti-discrimination laws, and other
legal obligations related to employment.
8. Resolving Workplace Issues: Employers must address and resolve workplace
conflicts, grievances, and disputes promptly and fairly. They establish procedures
for handling complaints, disciplinary actions, and employee grievances to
maintain a harmonious work environment.

In summary, an employer is an entity that hires and employs individuals, creating

job opportunities and managing various aspects of employment. They play a vital
role in fostering economic growth, offering employment terms and benefits,
ensuring a safe work environment, and promoting professional development and
performance excellence among their employees.

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Q1b. Who is an Employee
An employee is an individual who works for someone else in exchange for
financial compensation. There are various factors that define who can be
considered an employee, including the nature of their work relationship and the
control exerted by the employer.

1. Work Relationship: Employees are typically hired under a contract or

agreement that outlines the terms and conditions of their employment. This
agreement sets out the duration of employment, payment terms, work hours, job
responsibilities, and benefits. The employer-employee relationship establishes a
legal and contractual bond between both parties.
2. Control and Independence: One key aspect of determining an employee is the
level of control exerted by the employer. Employees generally work under the
direction, supervision, and guidance of their employer. Employers have the
authority to determine the tasks to be performed, set work schedules, and
provide instructions on how the work should be done. This control distinguishes
employees from independent contractors or freelancers who have more
autonomy in carrying out their work.
3. Duration and Type of Work: An employee's work is often ongoing and regular,
forming a long-term commitment to the employer. This distinguishes them from
temporary or casual workers who are engaged for limited periods or specific
projects. However, there are cases where an employee's work may be seasonal or
intermittent, such as in certain industries or part-time positions.
4. Employer-Employee Relationship: Employees typically have a deeper
connection to the employer than independent contractors. They are usually
integrated into the employer's organization, participating in the day-to-day
operations and becoming part of the company culture. They might have access to
company resources, receive training, and be eligible for employee benefits such
as health insurance, retirement plans, or paid time-off.
5. Taxation and Legal Protections: From a legal and taxation perspective,
employees are subject to various obligations and protections. Employers are
required to deduct certain taxes, such as income tax and social security

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contributions, from an employee's wages. Additionally, employees are entitled to
certain rights and protections under labor laws, such as minimum wage laws,
protection against discrimination or harassment, and entitlement to overtime pay
and rest breaks.

It's important to note that employment laws and regulations may vary across
countries, and there can be different classifications within the employee category,
such as full-time, part-time, or temporary employees. Additionally, some
individuals may fall into a gray area or occupy hybrid roles that blur the line
between employee and independent contractor. In those cases, a comprehensive
analysis of the work relationship is required to determine the appropriate
classification.

Q1c. Terms of Employment

1. Position: This term refers to the role or job title that the employee will hold
within the organization.
2. Start date: This is the specific date on which the employee's employment with
the company officially begins.
3. Probationary period: Some companies require new employees to undergo a
probationary period, during which their performance and suitability for the role
will be evaluated before they are confirmed as permanent employees.
4. Working hours: This term outlines the expected hours and days of work for the
employee, including any specific shifts or schedules they need to adhere to.
5. Compensation: The terms of employment include details about the employee's
salary or wage, including how and when it will be paid, any bonus or commission
structures, and any additional benefits or perks.
6. Benefits: This term includes information on the employee benefits that will be
provided, such as health insurance, retirement plans, vacation days, sick leave,
and other forms of leave.

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7. Termination: The terms of employment may outline the conditions under
which the employee's contract can be terminated, including notice periods,
severance packages, and any grounds for immediate termination.
8. Confidentiality and non-disclosure: Many employers require employees to sign
a confidentiality or non-disclosure agreement to protect company information
and prevent the dissemination of trade secrets or sensitive information.
9. Intellectual property: If the employee will be involved in creating or developing
intellectual property as part of their role, the terms of employment may include
provisions regarding ownership, rights, and any licensing or royalties associated
with such intellectual property.
10. Code of conduct: Employers often have a code of conduct or ethics policy that
employees are expected to adhere to, and this may be included as part of the
terms of employment.
11. Performance reviews: Some companies outline the performance evaluation
process and frequency of performance reviews in the terms of employment.
12. Notice periods: In the event that the employee or employer wishes to
terminate the employment contract, the terms may include notice periods that
both parties must adhere to.
13. Non-compete clause: Some employers include a non-compete clause in the
terms of employment, which restricts the employee's ability to work for a
competitor or start a competing business for a specified period of time after
leaving the company.
14. Confidentiality and non-solicitation: Along with non-disclosure agreements,
some employers may include provisions related to employee restrictions from
soliciting or recruiting other employees or clients of the company.
15. Amendment or modification: The terms of employment may specify how the
agreement can be amended or modified, such as through written consent from
both parties.

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It's important to note that the specific terms of employment may vary depending
on the organization, industry, and country in which the employee is being hired.