THE RIGHTS AND OBLIGATIONS OF EMPLOYER AND EMPLOYEE LABOUR LAW THE RIGHTS AND OBLIGATIONS OF EMPLOYER AND EMPLOYEE

Employers and employees have responsibilities to each other, they should also expect their rights to be upheld. These rights and responsibilities relate to areas such as Health and Safety, the provision of Terms and Conditions of Employment, Equal Opportunities and the right to be paid a wage.

THE RESPONSIBILITIES OF EMPLOYER Responsible to provide work. Previously, there was no responsibility on part of the employer to provide work to the employee as long as the wages are paid.

Nevertheless, there exist a responsibility if; a) the nature of the job is based on the commission; b) the reason of not giving any job is to exclude the employee from the company; c) Prevent any advancement in career. No job, no commission, no promotion.

Responsible to ensure that the work is not against the law For example the employer need to take insurance and road tax for all vehicles owned by the company. Need to acquire necessary permit.

3. Responsible not to assign dangerous job Example in the case of Bouzourou v The Ottoman bank. The Christian employee was assigned to a place where there was a threat to Christian people. The Judge held that the assignment could be void if there was the element of danger and threat. Among the threat; war, disease etc.

4. Responsible to provide a safe and healthy workplace for workers. This includes: i) providing and maintaining safe equipment and safe systems of work (such as controlling entry to high risk areas, controlling work pace and frequency and providing systems to prevent falls from heights)

ii) providing workers actors with adequate facilities (such as clean toilets, cool and clean drinking water, and hygienic eating areas) iii) making sure workers have adequate information, instruction, training and supervision to work in a safe and healthy manner. The obligation is ‘reasonable care and skill expected from the reasonable man”

RESPONSIBILITIES OF EMPLOYEES Efficient Employees will take full responsibility for all of their actions, by completing all agreed upon or expected tasks, to achieve required results at or before the expected times.

Depending on the skills and qualification that the employees deem to possess. The employee should know the expectation of the employer.

2) Honest, sincere and integrity Employees will be completely honest and open with the employer. This includes; a) the duty to account for any property used and to pass on to the employer any profits made through the employment. 'Tips' received by many employees belong in law to the employer, although there may be exceptions peculiar to the custom and practice of a particular industry (for example, hotel staff can usually keep tips).

While the courts are reluctant to intrude on an employee's spare time, they have held that activities that are harmful to the employer's business (such as running a competitive business) is not allowed. The employees need to keep the employer’s trade secret or details of the employer's profits or losses, customers, special methods or techniques used, or any information about the business that might help a competitor. reasonable and not contrary to the public interest.

Some contracts of employment contain an express term preventing the employee, on leaving the employment, from entering into competition with the employer's business. Such a term may be declared void by the courts despite this express agreement, unless it can be shown to be reasonable.

Exercise duty with reasonable care and skill Has the duty to avoid negligence in doing the work which result in loss or damage to employer. ‘Up to the standard or reasonable man’

Responsible to ensure safety Study and follow all safe practices that apply to their work. Coordinate and cooperate with all other employees in the workplace to try to eliminate on-the-job injuries and illnesses. Apply the principles of accident prevention in their daily work and use proper safety devices and protective equipment as required by their employment or employer. Report promptly to their supervisor every industrial injury or occupational illness.