In basic terms, an Employment Contract is a bilateral agreement between an employer and the employee. This agreement outlines the duration that is agreed between the employer and the employee for the exchange of services and remuneration, and also clearly demarcates the scope of work, the rights, and responsibilities of the two. It is often used for various employment types, such as full-time, part-time, fixed-term, contract-based etc. In order to encapsulate and fit in this understanding, the employment contract acts as a legal document, inclusive of all the rights, duties, responsibilities and employment terms and conditions. An employment contract is the basis of the formation of a legal relationship between the employer and the employee since everything laid down in the contract is legally binding on both parties. This Contract clearly sets out and defines all the terms of employment, duties, salaries, remunerations and benefits, work hours, confidentiality, annual leave, sick leave, pension benefits, among other things. We at IP and Legal Filings (IPLF) understand the complexities of such contracts, and hence assist in providing a clear and concise contract drafted and vetted by our specialised drafting team. We are aware of the fact that the drafting of the terms and conditions should be clear and concise, along with ensuring that the objective of a written understanding in the form of a contract is done for both the parties, which would be helpful in adjudicating upon any further issue that might arise between the parties.
1. Understanding requirement
At the outset, the first step involves the process of understanding the requirements of both the employer and employee, their relationship, and the position which is being offered to the employee.
Pursuant to this preliminary step, both the parties negotiate certain terms and finalise them.
Pursuant to the discussion between the concerned parties, a contract could be drafted by our professionals, which can then be given to the parties for review and finalized upon approval.
- Basic details of employer and employee like Name, Designation, Address etc
- Graduation proof record (as needed)
- Age proof and Government IDs of both employer and employee
- Other documents as required by the employer and as stated in the contract
1. What elements does a contract include?
A contract typically includes the obligations, roles, and certain important details such as the commencement date, Work Duration, Trial Period, Details about the Pay, Employee’s Duties, Pay Period, etc.
2. Which court is to be approached in case of breach of employment contract?
The court in the area in which the place of employment is located most often has the jurisdiction to adjudicate on the matter.
3. What are the advantages of having an Employment Contract?
- Safeguards the interest of the employer
- Safeguards the interest of the employee
- Helps set expectations
- Helps list down laws of employment
- Assists in case of any differences between employee and employer.