An employment contract is governed by labor laws over and above the ordinary rules of contract law.

An employment contract is governed by labor laws over and above the ordinary rules of contract law. An employment contract is founded on special circumstances that are regulated by statute and anchored under the provisions of Article 41 of the Constitution unlike the ordinary contracts regulated under the law of contracts. Esther MbinyaMusau Versus National Bank of Kenya Limited (2015) eKLRwhere the Court observed that an employment contract is founded on special circumstances that are regulated by statute and anchored under the provisions of Article 41 of the Constitution unlike the ordinary contracts regulated under the law of contracts. As such, where an employee cites the violation of their rights, such rights must be assessed under the applicable law as well as under the constitution. Case available here:http://kenyalaw.org/caselaw/cases/view/116686

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