Contracts Not Mandatory

Aug 19, 2020 Letters

DEAR EDITOR,

Signing a one-sided employment contract that reduces the legal rights of either party is tantamount to fraud. People should understand a written employment contract is not a requirement of employment. This is because the law implies a number of essential terms and conditions such as termination, fair treatment, and duration among others, and it does so whether or not they are written down or not. So those employees who have a contract without a termination clause should not feel too secure that they are above the law.
That apart, the basic tenet in any employment relationship is trust, which from all appearances is sadly lacking between political appointees of the previous government and the current one. It also cannot be expected that the current government will retain previous political appointees when there is reasonable suspicion that they will not function competently.
On the question of termination, the Termination of Employment and Severance Pay Act, Section 7(c)(ii) states that a contract of employment can be terminated at any time by notice given to or served upon the other party.
On the question of unfair dismissal Section 8(i)(B) states it would be unfair to dismiss an employee based on his age, but, subject to any law or collective bargaining provisions regarding retirement. As far as I am aware the retirement age in the public services is 55 years so all those employees over 60 or 70 years cannot complain if their services are terminated since it will be in compliance with the Public Service requirements, even if it is a fixed term contract.

Yours sincerely,
D. Sookdeo