fifteen years of age shall be asked to carry, pull or push. Such committees shall submit their
recommendations to the Minister to make the appropriate decision thereon.
PART V: CONTRACT OF SERVICE
28. Writing of the Contract
(1) Any contract which exceeds three months in duration shall be made in writing by the employer. Such
contracts shall be written in three copies, signed by the two parties. Each party shall keep one copy and
the third copy shall be deposited with the Commissioner.
(2) The contract made under sub-section (1) shall not be deemed beneficial to the employer unless and
until the worker takes cognisance of and signs it, either by writing his names or putting his thumb
impression or stamp on it. He may call a witness to read the contract over and sign it by writing his name
or impressing his thumb or stamp thereunder.
(3) In case the worker is not able to read the contract, the employer shall read the contract in the presence
of the witness selected by the worker; provided that such witness is able to write and read.
(4) In the absence of a written contract, the worker may prove his entitlements by any kind of evidence.
(5) When a dispute arises between the employer and a worker working without contract of service for
solving the dispute, they may be guided by one or more similar contracts that have been made with a
number of workers, working with the same employer for the same period, for the same work and in the
same enterprise.
29. Types and Terms of Contracts
(1) The contract of service may either be for a definite or indefinite period, and it may be for the
performance of a specific work.
(2) The duration of a definite period contract shall not exceed two years, and it may be renewed only once
in the same enterprise. Such new period shall be considered continuous with the previous service and in
case the worker continues in service after the duration of the period of renewal, he shall be deemed as
contracting for an indefinite period contract.
(3) Any written contract shall be considered indefinite unless it is clearly stated therein that it is for a
definite period or it is for performing a specific work, or for the substitution of a worker for another.
(4) The probationary period shall not exceed three months with the exception of the training period and
the contract of service is considered an indefinite contract if the period is not specified and the
probationary period has elapsed, without the contract being terminated by either party.
30. Contents of the Contracts of Service
The contract of service shall be written in clear and unambiguous terms where the rights and obligations
of the two parties are to be clearly specified. Without prejudice to the generality of the foregoing, the
contract of service shall contain the following particulars:(a)the name of the employer, and the name of the enterprise, its place and address:
(b)The full name of the worker, his age, domicile, and any other particulars necessary for identification
and his qualifications;
(c) The nature and kind of work agreed upon to be performed; the starting date, and the place of work;
(d)The agreed wage and the mode of payment;
(e)Period of notice for the termination of the contract;
(f)Any other terms of service to be agreed upon;
(g)Any other particulars under the provisions of this Act.
31. Terms inconsistent with the provisions of this Act
Any term in the contract which is inconsistent with the provisions of this Act shall be void even if it
proceeded the date of its commencement, unless such term is more favourable to the worker who can
claim all his entitlements under this Act.
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