CHAPTER ONE

INTRODUCTION

1.0 Brief Introduction

This chapter examines the background of the study, aims and objectives of the study, scope, and significance of the study.

1.1 Background Of The Study

If a man fail to fulfill an agreed contract, unless he had contracted to do something forbidden by law or decree or gave his consent under some iniquitous pressure or was involuntarily prevented from fulfilling agreement should be brought in the tribunal court if the parties have not previously before arbitrators.

English contract laws history was heavily influence by the ancient Greek and Roman thought. In this laws Plato devoted little attention to form of agreement, but recognized the same basic categories for exist. Today, Roman law identify discrete categories of contractual transactions each with its own requirement, which needed to be fulfill in order for promise to be enforce.

The Roman establish law of 1992 under the league of nation to unify private law, maintains the influential principle of international commercial contract of 2004. A similar effort is the European law of 2002. Over the 20th century legislation and changes in court attitudes a wide- ranging reform of the 19th century contract law.

First, specific types of non-commercial contracts were given special protection where freedom of contracts appeared for more on the side of large businesses. Consumer contract came to be regarded as “contracts of adhesion” where there was no real given “take it or live it” terms. The court began by requiring entirely clear information before onerous clauses could be enforced, the misrepresentation act of 1967 switched the burden of proof onto business to show misleading statements were not neglected and unfair.

Contract terms act of 1977 created the jurisdiction to scrape contract terms that where “unreasonable” considering the bargaining power of parties. Collective bargaining and growing number of employment rights carried the employment contracts to an autonomous field of labour law were workers had rights like a minimum wage, fairness in dismissal,  the right to joint trade unions etc. Nevertheless classical contracts law remained at the foundation of specific contracts unless particular rights were given by the court or parliament.

In the case of Registering CO V Sampson Sir George proclaim that “Contracts when entered into freely and voluntarily shall be held sacred and shall be enforce by the court of justice”.

1.2 Aims Of The Study

The main aim is to blend classroom theoretical work with practical field work experience which is needed by the ministry of higher education for the award of the higher professional diploma in human Resource Management.

1.2.1. Specific Objectives

• To find out what is a contract of employment in an organization.
• To investigate what goes into a contract of employment.
• To examine the terms and condition within an employment contracts
• To bring up to date how an employment contract can be change.
• To examine the method of termination of an employment contracts.

1.3.1. Significance Of The Study

The study of employment contracts will be of great importance to enterprise to see the need why employment contracts are valuable tool for organizational safety and security. This study helps organization to better set up all what is required by and individual to do when employ in the organization such as job specification, the type of contract that is specify and unspecified period of the contract, working hours, wages, work place benefits etc.

1.4.1 Scope Of The Study

This study is to examine the fairness and effectiveness of employment contracts in an enterprise with it limited to the Cameroon Development Corporation (C.D.C) specifically the Group Banana Department Tiko as intern from the month of August 8th to the month of September 8th 2016.

1.5.1 Synopsis

This report is partition into five chapters with the chapter one title introduction. It comprises introduction, background of the study, aims and objectives of the study, significance of the study scope of the study and synopsis.

Chapter two. Literature review. It entails the literature review which include the introduction, the conceptual and the theoretical framework.

Chapter three. Internship activities. It makes up the internship activities carry out during the period of internship that is from August 8th    to September 8th 2016.

Chapter 4.Analysis.  This chapter compare between theory and practical, the challenges face by both the organization and the intern.

Chapter five. Conclusion and recommendation. This last part over view the summary, conclusion, and recommendations

CHAPTER TWO

LITERATURE REVIEW

2.0 Introduction

This will examine the conceptual frame work which includes what is a contract of employment, types of employment contracts, formation of employment contracts, employment terms within an employment contracts, sources of employment contracts, how can a contract of employment can be change, the termination of employment contracts and limitation of employment contracts. The second part we will look at some theories in employment contracts.

2.1 Conceptual Framework

The most important and major influence in employment law is the contract of employment, this contract defines and regulates the relationship between the employer and employee.

The fore a contract of employment can define as an agreement between an employee and employer spelling out or outlining both side’s rights and duties. Also it can be   a legal promise between parties mostly between an employer and an employee whether in writing (Expressed) or verbal that is enforceable in law court. Contracts of employment can be specified on unspecified and in either case they establish a relationship that continuous between the parties until one party decides to end it through notification or otherwise.

Terms and condition within an Employments

The terms of an employment contract set out what the employer and the employee can expect from each other. There are several types and some do not need to be writing down in your employment contracts. Those that are writing are called Expressed terms and those not writing are called implied terms.

Expressed Terms

These are writing down terms and conditions of the contracts that are included in the writing statement of the contract. The statement must include the following items. Name and address of the employer, date employment begins, place of work, rate of pay salary, hours of work, entitlement, holidays, grievance and disciplinary procedure, job title period of employment, name and signature of employee and employer.

Implied terms

These are terms and condition that are not writing down anywhere but they are understood to exist by both employer and the employee. If nothing clearly agreed between the employer and the employee it may be covered by the implied terms.

2.1.1 Types Of Contracts Of Employment

• Transactional Contracts of Employment; this contract focuses more on the explicit elements of the contract without accounting much for the intrinsic qualities of worker. These are more common in organization with authoritative management style and hierarchal control. Transactional contracts are found to be related to careerism, lack trust in employer, and greater resistance to change. They tend to be shorter in nature.
• Temporary Contracts of Employment (part-time permanent contract); this type of contract has a specific duration but does not contain any relative fixed term. Part-time or temporal work is where a worker is contracted for anything less than full time hours (8). Temporal contracts allow employees to retain valued staff who wish to reduce their hours. Under temporal contracts employees do not have the right claims for unfair dismissal or redundancy. It is however note that contract may be made permanent.
• Zero-Hour Contracts; it is a contract where the employer does not guarantee the employee a fixed number of hours of work rather the employee is expected to call for hours of work. It can as well be an agreement between the employer and the employee who has agreed to be available for work when required. Therefore no particular time of work is specific.
• Fixed Term Contracts; by fixed term contract we are referring to a contract include a situation where employment is subjected funding arrangements that are not renewable.
• Permanent Contracts of Employment: This type of contract is said or assumed to continue until ether party gives notice of an intention to end the contract. It is important to note that the terms of the contracts are always explicitly agreed in writing. However, whether the terms are expressed or implied they are based on the following conditions. They should act in good faith towards each other. The employer should take reasonable care to ensure health and safety in the workplace.

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