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Lawyers in the house...help please!!!
2012
#21 Posted : Friday, January 04, 2013 11:31:21 AM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
danas10 wrote:
I am about to enter into a bonding contract with my employer which has a clause that says i should not get married in the course of my absence (4yrs) except with the express permission of the CEO. Is it my constitutional right to be married and should i go ahead and be married, can i be sued? I may not have plans but what if??

its followed by

"whether or not permission to marry is granted i should complete the assignment...."

am totally confused



Firstly, are you male or female? Because I'm wondering what would happen if you're female, got pregnant and had to take 3 months off!
Go with your conscious, I think any lawyer will tell you that you have the right to sign (take) or reject the offer. But if you sign, even an indecent proposal is binding.

BBI will solve it
:)
nostoppingthis
#22 Posted : Friday, January 04, 2013 11:32:42 AM
Rank: Chief

Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
Pray This CEO must have nominated you for airport of the year 2012 alongside @Thimioni and @Impunity...

Anyway, I do not think anyone should stop you from getting married!! though some industries restrict pregnancy...
King G
#23 Posted : Friday, January 04, 2013 12:40:16 PM
Rank: Elder

Joined: 6/20/2012
Posts: 3,855
Location: Othumo
2012 wrote:
Firstly, are you male or female?


aish @2012, where have you been all this time. that is common knowledge is wazua that danas10 is an airport/socket bigger and better as it comes especially if you arrive at the office around 6.30am
Thieves
nostoppingthis
#24 Posted : Friday, January 04, 2013 12:45:06 PM
Rank: Chief

Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
King G wrote:
2012 wrote:
Firstly, are you male or female?


aish @2012, where have you been all this time. that is common knowledge is wazua that danas10 is an airport/socket bigger and better as it comes especially if you arrive at the office around 6.30am


@2012, you need to see to believe!!
Tebes
#25 Posted : Friday, January 04, 2013 1:20:02 PM
Rank: Elder

Joined: 11/26/2008
Posts: 2,097
danas10 wrote:
I am about to enter into a bonding contract with my employer which has a clause that says i should not get married in the course of my absence (4yrs) except with the express permission of the CEO. Is it my constitutional right to be married and should i go ahead and be married, can i be sued? I may not have plans but what if?? Sad Sad Sad

its followed by

"whether or not permission to marry is granted i should complete the assignment...."

am totally confused Sad Sad Sad



Is the employer sponsoring you on a course? Then the contract should have been that you are not to change employment for a given period.
"Never regret, if its good, its wonderful. If its bad, its experience."
xyzee
#26 Posted : Friday, January 04, 2013 2:10:58 PM
Rank: Veteran

Joined: 1/9/2009
Posts: 1,262
what is their definition of marriage? If you have or find someone just cohabit without marrying after all the 6 months proposal has not been passed.

But the again kwani what Job is this?
xyzee
#27 Posted : Friday, January 04, 2013 2:26:41 PM
Rank: Veteran

Joined: 1/9/2009
Posts: 1,262
Lolest! wrote:
I am not a lawyer but from my law of contract classes, I remember that a contract with anything illegal is void to the extent of its illegality. Get Employment Act 2007, if it has no clause that you can use to defend yourself Article 45 of the constitution (supreme law) is there. Sign it, should you get a mate get married. Point them to the law should they threaten to fire you.

Dito

Read about a similar case in the papers where an employee bought a car from his employer and as part of the loan agreement he was supposed to surrender the vehicle any time he is on leave, and was also not allowed to drive outside Nairobi without permission yet he the company was recovering the loan from his salary. He was also expected to use the car to run company erands at his expense.

He once drove to Isiolo to attend to his ailing father and the company reported the car had been stolen. The guy was arrested and when the case went to court, the court ruled that the loan agreement was inconsistent with the law and common practise in administration of loans; the company was also ordered to pay (where proof was available) for use of the car for company business.
banyamulenge
#28 Posted : Friday, January 04, 2013 10:18:01 PM
Rank: Member

Joined: 8/11/2009
Posts: 481
Wololo! They want to close Danas International for a whole 4 years!!! All this after sewing it up!!Sad

"The longer the fuse the mightier the blast!"
danas10
#29 Posted : Monday, January 07, 2013 10:24:58 AM
Rank: Member

Joined: 10/8/2010
Posts: 763
Location: Intersection
Lolest! wrote:
I am not a lawyer but from my law of contract classes, I remember that a contract with anything illegal is void to the extent of its illegality. Get Employment Act 2007, if it has no clause that you can use to defend yourself Article 45 of the constitution (supreme law) is there. Sign it, should you get a mate get married. Point them to the law should they threaten to fire you.


thanks all for your insight...

To all asking, its not for a job (am already in the job) but they will spend some money on me (which is ok)i can quit after the 4 years and pay back the money.

my concern is - even if they are paying for whatever, is that clause supposed to be there?? the constitution only says one has a right to marry a person of their choice.





danas10
#30 Posted : Monday, January 07, 2013 10:29:32 AM
Rank: Member

Joined: 10/8/2010
Posts: 763
Location: Intersection
Tebes wrote:
danas10 wrote:
I am about to enter into a bonding contract with my employer which has a clause that says i should not get married in the course of my absence (4yrs) except with the express permission of the CEO. Is it my constitutional right to be married and should i go ahead and be married, can i be sued? I may not have plans but what if?? Sad Sad Sad

its followed by

"whether or not permission to marry is granted i should complete the assignment...."

am totally confused Sad Sad Sad



Is the employer sponsoring you on a course? Then the contract should have been that you are not to change employment for a given period.


I thought so too...but it is in addition to this condition. In principle, can one put such a clause that you should not be married? Sounds ridiculous!!!!


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