Employment Agreement: Overview
A basic contract governed by the rules of the Indian Contract Act, 1872 is an employment contract. Aside from this, all employees must adhere to the norms of Indian labour law. The relationship between the employees and the company is outlined in the employment contract.
Such a written agreement between the employees and the business lays forth the standards with which businesses must follow. The employment contract would contain all of the obligations that the employee was expected to fulfil.
Characteristics of an employment contract
An employment contract would have the same qualities as a typical contract. The characteristics of an employment contract are as follows:
Acceptance: There must be an offer and acceptance in accordance with the general terms of the contract. The must be offered and accepted without conditions and without qualification.
Suitable Parties: The contract’s parties must be capable of carrying it out. This means that the candidate must be a major and not be barred from employment by any law now in effect in India.
Legal Article: The agreement’s or contract’s goal must be legitimate and legal.
Freedom of Will: The parties’ consent cannot be impacted by anything.
Key Provisions of an Employment Contract
A contract between an employer and employee is known as an employment contract. As a result, the following terms and clauses need to be taken into account:
Appointment: The terms and conditions governing the appointment of employees or employees in the organisation would be one of the main topics covered by the employment contract. The position of the person would also be specified in this clause.
Contract: Specific terms and circumstances governing the employee’s employment would be laid out in the employment contract.
Responsibilities: The responsibilities of the staff would be covered in this section. Here, the employee’s duties and roles would be described. Additionally, what the employee is required to do and what he is not required to do will be specified here.
Wages: The employment contract must specify the wages or compensation given to the specific employee. If the employee is entitled to a commission of any kind, that fact must be disclosed. Other employment-related incentives, benefits, and pension requirements must be mentioned. The employment contract must also include information about the timeframe for wage payments.
Termination: Employee termination would also result from any actions or wrongdoing on the part of the employee. The employment contract must include information on the employee’s actions that led to termination.
Incapacity: The conditions that result in the employee’s permanent disability, death, or inability to perform the employee’s duties would be covered by this provision if the employee is unable to do so.
Confidentiality: This section would cover any private information given to an employee by the employer. Such information is never required to be disclosed to employees.
Protection of Data: The provisions pertaining to data protection are covered by this paragraph. There will never be a breach of the agreement involving information of any kind.
Indemnification: According to this paragraph, the employee is responsible for covering any losses that are made to the employer, whether they were caused directly or indirectly.
Non-Compete Agreements: Such provisions would only be taken into account in employment contracts between businesses and executives. Directors and firm stockholders are examples of such executives. The Indian Contract Act, 1872 governs the non-compete clause’s requirements. These clauses specify that any agreement that restrains trade is neither permitted nor allowed. However, if the business wants to insert a non-compete language in the contract, it must adhere to the standards of being reasonable and geographically allowed.
Rule of Law: Such a clause relates to the law that will control the employment contract’s clauses. In addition to this clause, there would be another one addressing the court’s and the contracts’ jurisdiction.
The steps for creating an employment contract
- A competent lawyer from our team will get in touch with you to explain the entire process and determine whether you require an employment agreement.
- When the goals of the same are apparent, the attorney will design a sample Employment Agreement in accordance with those goals.
- You will receive the draught Employment Agreement for review.
- The entire procedure takes 3 to 4 working days.