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Section 25: Protecting Employees Who Cannot Read Contracts

25.Attestation

(1)A contract of service made with an employee who is unable to read or understand the language in which the contract is written shall be attested to.

(2)Attestation shall be by means of a written document drawn up by a magistrate or labour officer and before attesting to the contract the magistrate or labour officer shallβ€”

(a)ascertain that the employee has freely consented to the contract and that his or her consent has not been obtained by coercion, undue influence, misrepresentation or mistake;

(b)ensure that the contract complies with this Act; and

(c)be satisfied that the employee has duly understood the terms of the contract before giving his or her final agreement to it.

(3)The magistrate or labour officer shall give a copy of the document recording the attestation to the employer and to the employee, but the original of the document recording the attestation shall be retained by the magistrate or labour officer.

(4)A contract which should have been, but was not, attested to as provided for under this section may be enforced at the instance of the employee and the absence of attestation shall not prejudice in any way the rights of the employee.

Plain English Summary

If you cannot read or understand the language of your employment contract, you have the right to have the contract verified (attested) by a magistrate...

AI-generated, for reference only.

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