Employment Contract

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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INTRODUCTION

What is an employment contract?

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.

Advantages of having an Employment Contract

Defines employee’s position

Protects IP and confidential information

Conflict Settlement

Acts as proof

What key provisions should an Employment Contract include?

General Terms and Conditions

Probationary Period

Cost to Company

Intellectual Property Rights

Non-Compete and Non-Solicitation

Termination

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.

Confidentiality

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.

FAQS

Frequently Asked Questions

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. 

  1. a) Employer’s contribution: A sum equal to 4.75% of the wages payable to an employee, rounded off to the next higher rupee
    b) Employee’s contribution: A sum equal to 1.75% of the wages payable to an employee, rounded to the next higher rYes, an employment contract forms a legally binding agreement and is therefore enforceable in a court of law. If there is any breach, one can approach the relevant court/forum for the resolution of disputes.upee;

    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.

  1. There is no need to notarize an employment contract. However, you can have your employment contract printed on a stamp paper of the relevant amount. Stamp duty payable will depend on the state you reside in. 
  1. Contracts become a legally binding documents once signed. It is therefore important to involve a lawyer to draft or review the terms of the employment contract. A Lawyer will ensure that the employment contract is fair and legally enforceable. 
More Questions? Seek Help of an Expert

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Need submitreturn.comto step in?  Here’s what we need

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.

Why Choose submitreturn.com ?

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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Employment contract

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