An Employment Contract is a formal agreement between an employer and an employee that outlines the terms and conditions of employment. It serves as a foundational document that defines the rights, responsibilities, and obligations of both parties, ensuring clarity and mutual understanding
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Every smart entrepreneur understands the value of strong HR documentation—and at the heart of it lies the employment contract. This critical legal document protects both the employer and the employee by clearly defining the terms of their professional relationship.
An employment contract serves as a mutual agreement that outlines expectations, responsibilities, and rights. It sets well-defined boundaries within which both parties operate, fostering trust and minimizing misunderstandings.
From clearly stating the employee’s role, duties, and compensation, to covering aspects like tenure, termination, and workplace policies, the employment contract is a cornerstone of HR best practices. It not only strengthens internal governance but also helps in resolving potential disputes in a structured and professional manner.
Employees know their rights and obligations from day one as they are explicitly defined in the contract – like available leaves, increment eligibility, etc.
Organizations’ intellectual property and confidential information are protected from infringement and disclosure respectively.
In the event of any dispute(s), employer and employee can quickly review the terms of the contract and arrive at a settlement. This employment agreement helps quickly resolve the matter.
Verbal communications are difficult to record. An employment contract thus acts as a piece of evidence admissible in a court of law.
These should provide for the roles and responsibilities that an employee is expected to discharge while in employment with the organization. Provide for date of joining, designation/position, annual CTC/remuneration, working days and hours, etc.
It’s important to provide a probationary period where both, the employer and the employee, are able to forthwith terminate the engagement if either is not finding the change a suitable fit. A probationary period is usually between 3 to 6 months.
The most important and usually what employees are most interested in, this clause should clearly talk about the mode and manner of payment, necessary deductions that will be made, and actual remuneration in the hands of the employee.
An employee might bring up new ideas and inventions during his/her tenure with the organization. It’s important to clearly define beforehand who will have Intellectual Property right over such ideas/inventions. Usually, an organization tends to retain ownership of all such work developed under its employment.
This helps in safeguarding the interests of the organization where they are saved from the employees undertaking a competing business immediately after the termination of the engagement. The idea is to ensure that the employees do not poach the clients/customers of the company, or use its proprietary information to directly compete with it.
When and how either party can terminate an employment contract should be clearly mentioned in the Agreement. Instances of termination with or without cause should be mentioned and a provision relating to the notice period should be made a part of the contract.
Any organization’s confidential and proprietary information is generated after years of practice and efforts. It would therefore want to ensure that such information is not passed on to anyone and everyone, inside or outside the organization, without any necessary permits or need for disclosure. This clause should therefore clearly define confidentiality and instances of its disclosure. You can also have a separate non-disclosure agreement with the employees.
No, not all companies have an employment contract since it is not mandated by law. However, it is advisable to have one to define the rights and duties of both parties and to avoid any conflicts in the future.
Employment contracts are usually signed by the employees on their joining date. Prior to assigning them to their desk, you can complete all the HR formalities.
Any organization these days does not hire an employee if he/she refuses to sign an employment contract. While it is not mandated by law, it is a mandatory formality of any hiring organization.
In compliance with the Notification published in the Gazette of India dated 6.10.2016, the rates of employer’s and employee contribution for the initial twenty-four months from the date of implementation of the Act are subject to the following:-
(a) Employer’s contribution – A sum (rounded to the next higher rupee) equal to 3% of the wages payable to an employee; and
(b) Employee’s contribution – A sum (rounded to the next higher rupee) equal to 1% of the wages payable to an employee.
All we need from you is the name of your organization and detailed commercials you want to incorporate into your contract with employees. We can also create a custom employment contract that you can use with all employees of your organization from time to time by simply changing a few commercials.
Drafting an employment contract can be an easy process with submitreturn.com as our experienced lawyers guarantee the greatest level of client satisfaction and prompt service. The entire procedure is administered and conducted online, with constant expert support and communication. Our customers range from all geographic locations in India.
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