The law should always prevail in any labor dispute unless the same law stipulates the exemption that is the subject of the dispute. Employment contract should abide by the labor law..any stipulation that is not in accordance with the law becomes invalid and unenforceable. The problem is not in the law or the contract... its on the way employees and employers seek to protect themselves. And it is the same reason why the labor law exist. Employment contracts establishes the relationship between the employee and the employer.. now to regulate this relationship... we have the labor law. All employees should be aware of their rights embodied under the labor law.
The Labour Law is to protect the labourers rights..so any acts does not conform to the Labor Law is unlawful. Therefore if your contract does not conform to the Labor Law it is illegal.
It depends on what industry you work in. As I understand it now the O&G companies are expempt from the labour law so contracts are contested under civil law.
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The law should always prevail in any labor dispute unless the same law stipulates the exemption that is the subject of the dispute. Employment contract should abide by the labor law..any stipulation that is not in accordance with the law becomes invalid and unenforceable. The problem is not in the law or the contract... its on the way employees and employers seek to protect themselves. And it is the same reason why the labor law exist. Employment contracts establishes the relationship between the employee and the employer.. now to regulate this relationship... we have the labor law. All employees should be aware of their rights embodied under the labor law.
The Labour Law is to protect the labourers rights..so any acts does not conform to the Labor Law is unlawful. Therefore if your contract does not conform to the Labor Law it is illegal.
It depends on what industry you work in. As I understand it now the O&G companies are expempt from the labour law so contracts are contested under civil law.