Section 22
of Labour Act
Section 22
(1)
Every contract shall be presented for attestation to the
Commissioner.
(2)
Before attesting any such contract the Commissioner shall —
(a)
ascertain that the worker has freely consented to the contract and that his consent has not been obtained by coercion or undue influence or as the result of misrepresentation or mistake; and
(b)
satisfy himself that —
(i)
the contract is in due legal form;
(ii)
the terms of the contract are in accordance with the requirements of this Act;
(iii)
the worker has fully understood the terms of the contract before signing it or otherwise indicating his assent;
(iv)
the provisions relating to medical examination set out in section 23 have been complied with; and
(v)
the worker declares himself not bound by any previous engagement.
(3)
The Commissioner may refuse to attest any contract in respect of which he is not satisfied in regard to any of the matters specified in subsection (2) of this section, and any contract which the Commissioner has refused to attest shall have no further validity.
(4)
A contract which has not been presented to the Commissioner for attestation shall only be enforceable as an agreement under the provisions of
Chapter IV of this Part, but each of the parties shall be entitled to have it presented for attestation at any time prior to the expiry of the period for which it was made.
(5)
If the omission to present the contract for attestation was due to the wilful act or the negligence of either party the other party shall be entitled to apply to the Commissioner for the cancellation of the contract.
(6)
4 copies of every contract attested under the provisions of this
Chapter shall be attested including the original. One copy shall be delivered to the employer, one to the worker or in the case of a gang to one of their
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number, one to the Assistant Commissioner in the district of employment and the original shall be retained by the Commissioner who shall keep a record of all such contracts.
(7)
Notwithstanding the other provisions of this section, the
Commissioner may, in his discretion, approve a standard form of contract to be used by any particular person or firm and when such approved form of contract is used individual attestation by the Commissioner shall not be necessary, but the employer shall render to the Commissioner a quarterly return of all persons newly employed during each quarter under such approved form of contract together with a certificate that the terms and conditions thereof were read over to and understood by the worker before he signed such contract.
Medical examinations.