In my last post, I discussed the Formation of a contract of employment. Below is the link.👇
https://steemit.com/hive-120962/@oscodagold/formation-of-a-valid-contract-of-employment
For an aggrandized understanding, You can as well read 'Definition of Labour /Employment Law'
https://steemit.com/hive-120962/@oscodagold/labour-employment-law
Okay... As discussed in the former post, a contract of employment simply connotes an agreement whereby a person called an employer agrees to employ the services of another called the worker, who in turn gives his own consent.
Alright...Having recapped the meaning of Contract of Employment, let's go into the main deal.
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WHO CAN ENTER INTO A CONTRACT?
This question bothers on the capacity or ability of a person or persons to enter into a valid contract. This simply means that under the law, there are some persons who are seen to lack the capacity to contract or simply who cannot enter into a valid contract.
/NB/ When I say 'valid contract', it means an agreement that can be enforced by law through an action in court.
However, Any contract entered into with those set of persons is therefore null and void.
The persons below are said to lack the capacity to enter into a contract of employment:
~Infants
~Illiterates
~Drunk
~Women (some)
- INFANTS
Under common law, the age of 21 is the age at which absolute and unlimited legal capacity to contract commences. This simply means that a person under the age of 21 cannot enter into a binding contract.
But however, under the Nigerian Labour Law the age of contractual maturity is 16.
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This implies that a person who is up to 16 years of age can enter into a valid contract of employment. While a person under 16 can only enter into a contract of apprenticeship (i.e contract for learning a skill)
- ILLITERATES
An illiterate under the law is a person who cannot understand the language with which a contract is been made. He is a person who cannot understand the meaning of terms and conditions in the document containing the agreement.
He needs a representative or a writer who understands the contractual language and who would relate to him what the terms of the contract entails in the language that he would understand.
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Thus, any Contract entered with such a person without his authorized representative or writer is said to be null and void.
- DRUNK
If a person is able to prove that he entered a contract when he was in a state of intoxication, such contract would not be seen to be binding.
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The law states that a drunk cannot enter into a valid contract and as such any agreement made with him is unenforceable.
- WOMEN
Generally, women can enter into a contract of employment but not all.
Such exemptions include:
~Working in an underground
~working in mining cites
~working at night (The only women permitted to work at night are health workers)
Worthy of note, pregnant women enjoy certain benefits like the maternity protection which give them access to a 6 weeks maternity leave.
All other persons not mentioned above can enter into any sought of contract of employment provided it's not based on fraudulent misrepresentation.
We'd stop here for today.😩
Hope you enjoyed reading? If you've got questions to ask, you can drop it on the comment session I will reply.
Next time, I will outline and explain the duties of parties(i.e employer and worker) in a contract of employment.
Stay tuned👌
@oscodagold Thanks for sharing with us on @campusconnect . Continue sharing your quality contents with us here we love and appreciate your effort and also pls work on the use of markdown, Thanks
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