Drafting Employment Agreements – India
Service & Cost Note: Drafting and Filing.
Drafting Employment Agreements – India
An employment agreement draft roughly defines the relationship between the employees and the employers to permit the smooth functioning of the collective unit and a comprehensive understanding of their respective roles. A completed employment agreement is a binding legal contract governing the specific terms of employment and is laid down in a structural form, clearly defining the various elements of the employee’s duties. Once the draft has received approval and agreed upon, all the parties have to sign the contract to validate and complete the process.
Our service providers will draft a bespoke copy of the contract as per the specific needs and aims of you. Depending on client liaison and discussion, the draft undergoes a modification and refinement stage, and only upon the approval and complete satisfaction of our clients, will the draft be finalized and additional furnishings or stylistic decisions contributed. We provide straightforward guidance throughout the process of drafting the employment agreement in strict accordance with the law, offering comprehensive explanations of limits and options available to you.
Our Corporate Legal Services team offers you the assistance of our licensed lawyers who are experts in drafting various agreements. We bring to you our exclusive team of lawyers who will take care of your requirements and draft the contract accordingly. We offer a wide range of advisory and consultation over the clauses that are to be inserted in the draft. All the queries relating to drafting the employment contract are actively responded with prompt solutions.
An employment agreement is a binding contract between two parties namely the employer and employee. Such a contract is drafted by legal practitioners, as working guidelines of the person accepting the position of work offered to them. The contract ensures various aspects in the interest of the employer and well as the employee which gives a detailed understanding between the two parties. To avoid any further conflicts between the employer and the employees, there are certain terms and conditions of employment such as salary, working hours, confidential clauses, benefits, duration of employment are mentioned in the contract. It exclusively lays down the rights, duties, and obligations of the employee. The contents of the contract are enforceable by law and can only be valid after the contract has been duly signed by both parties. The employment contract also ensures that there is trust and transparency between the parties interested. In case if the contract of employment is disputed in the court of law, the contract acts as an important piece of evidence, as the contract acts as a validation of the terms agreed upon by both the parties before, during and even at the end of the employment.
The steps differ according to the specifics of a case;
- A date is scheduled to meet with the interested parties and our expert lawyers in drafting agreements for discussing the contents.
- Our Senior Advocates will offer you consultation and advisory on the employment agreement.
- After which our lawyers will draft the agreement of employment on the instructions of our clients.
- After reviewing the draft made by our licensed lawyers, any corrections and alterations in the draft will be changed accordingly to the requirement of the client.
- On approval of the changes made in the draft, a finalized copy of the agreement will be prepared by our team of lawyers.
- After the final copy of the employment agreement is furnished, both the parties will have to sign the agreement after which the agreement will be termed as complete.
The general documents required are:
- Memorandum of Association and Articles
- Identity proof (Aadhar Card, Passport, PAN Card)
- Residential proof (Electricity Bill, Driving license)
- Occupation Certificate (if any)
- Photograph (Employee)
- Bank details (Optional)
What Shall You Obtain?
The process is undertaken by licensed legal practitioners and therefore shall be in the best interest of the client. After the drafting of the employment agreement is completed, the customer shall be given a complete copy of the draft along with the certified supporting documents for each activity undertaken.
Duration Until Completion
From the date of application for issuance of a legal heir certificate, it takes approximately 05-10 days. After the completion of the process in accordance with the Act. The Documents received by us will be thoroughly verified by our experts and shall be attested.*
What is an employment agreement in India?
An Employment Agreement is a written contract between the Employer and the Employee. An employment agreement is a written contract where the roles and responsibilities along with other key factors are documented.
Will an employment contract be legally binding in India?
Under Indian Law, the employment agreements with negative covenants are valid and legally enforceable if the parties agree with their free consent i.e. without fraud, coercion, undue influence, mistake, and misrepresentation.
Is it a legal obligation to provide a contract of employment?
There is always a contract between an employee and an employer, even when there is no written contract signed.
What are the employee terms and conditions?
The terms and conditions of employment are the clauses mentioned in the contract defining the employment relationship between employer and employee.
What can happen if one breaks an employment contract?
If the contract is revoked, you will be violating the mentioned Article and the competent court may ask you to compensate the employer and the compensation amount will be calculated as per the total salary.
What is the minimum notice period for resignation in India?
The resignation/ notice period depends on company to company. As per the standing order/ service rule, it is generally between 30-90 days.
Can one have two contracts of employment at a time?
The Court has observed that it may be an unusual situation for a single employee to have two different jobs with one employer and two contracts of employment.
Is it legal to hold up employees’ salaries in India?
It is quite common in India for employers to deny salary to employees, India has an entire law on payment of salary called the Payment of Wages Act, though it does not apply to all levels of employees.
What are the essentials while drafting an employment contract?
The essentials of the contract include certain terms and conditions of work like hours of work, duration of work, leave the facility, salary/wages, place of work, etc.
*The timelines mentioned are on an approximate basis and may vary on a real-time basis.
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