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Employment contract lays down the kind of relationship that an employer have with his employees in any particular business. It includes job description, job duration, salaries of the employees, protection against company secrets, limitations of employee regarding ownership and their ground for termination. Employment contract is for particular time duration and provides a great opportunity to the employees to demonstrate their worth.
Following are the characteristics of Employment agreement in Delhi NCR:-
In Employment contract, the number of working hours is limited and is defined under the terms of the contract. This helps the employee to work on different things in parallel like education, skill development, personal development etc. Also, the employees in the contract employment work on a fixed rate of payment.
In Employment contract, a person works for an agency hired by other business organizations i.e. the employees work on the payroll of the agency and not that organization. Employment contract provides a great opportunity to the person to learn and get in the desired organization by the experience they gained through employment.
In employment contract, the employee act as a free lancer i.e. the employee is self-employed and is not committed to the particular employer for a long time period. The liability of the employee towards the business is only for the time period the contract is valid.
The employment contract requires skilled labor and is on call work. The employees are free to search for other employment opportunities once they complete the task assigned in the employment contract.
Employment contract is voluntary and a person according to its own will and area of interest selects the kind of employment. Also, they are free to decide the working hours.
Delhi NCR, the capital of the country, is famous for its monuments. One of them is the ‘Qutb Minar’. It is one of the UNESCO’s world heritage sites from the nation. It was constructed by the first Sultan of Delhi NCR, Qutb-ud-din Aibak, from the Slave dynasty. It is named after Qutb-ud-din Bakhtiar Kaki. Depicting the epitome of Afghani architecture, it has five stories with balconies. Qutb Minar is the largest of its kind in the world.
Following are the reasons for employment contract in Delhi NCR:-
Employment contract provides certain specific provisions for resolving disputes in the employment. Therefore, if any dispute arises related to any particular aspect of the employment, one can simply go through the terms of the agreement and use it as evidence if necessary for resolving that dispute.
Employment contract is a situation where the employees are hired for a particular job for specific period of time. The terms of the contract provides for the time period for which the employee is being hired. Thus, it puts check on the employee’s ability to leave the business prior to the expiry of the contract. The employer has the right to take legal action or any action as per the terms of the contract against the employee who left the business before the end of the contract.
There is less competition in contract based employment than a full time employment. With less competition, a person can easily analyze its worth by working on a contractual basis. It helps to add to the experience, know more about themselves and become confident which ultimately provides an edge when they move out in search of full time employment.
Employment contract provides employer more control over the employees by regulating their behavior and makes them responsible for the effective and efficient functioning of the business.
Employment agreement in Delhi NCR is required for the following reasons:-
The roles and responsibilities of the employer and the employees are clearly specified in the employment contract. Employment contract helps to foster healthy work relationship among the employer and the employees by providing a sense of security and stability to the employees and creating an enhanced degree of organization and structure in the work relationship.
Another important aspect of contract employment is that there is flexibility of work hours. In full time employment, the employee is required to adhere to the strict structure of the business whereas in a contract employment, the employee gets an opportunity to choose how they want to work on a particular project, design their work delivery structure and can even decide the working hours. Therefore, flexibility in the contract employment attracts everyone.
Employment contract is for fixed time duration and cannot be extended beyond that. In fixed term contract, the employees are assigned with certain task or project to complete within a given time period. After the completion of the project, the contract will be terminated. The salary and compensation that employees will receive are predetermined according to the terms of the contract.
In a full time contract, the employees get stuck in a single profile or work type for a longer period of time whereas in employment contract, the employees are assigned projects based on their relevant skills for a fixed duration. This helps the employees to demonstrate their skills and gaining experience.
For drafting an effective employment agreement in Delhi NCR, the employer is required to follow following procedures:-
The most important step in drafting an employment contract is to form the fundamental policies and values of the employment contract. This includes the basic essentials related to the contract like general writing principles along with definition of terms.
Once the layout for the employment contract is prepared, the employer is required to include contracting principles like basic attributes of contractual relationship, terms and conditions, warranties and standard provisions.
The third most important step in drafting contract is to establish the roles and responsibilities of the employee for the whole duration of the contract. The obligations of employees include not revealing the company secrets, not working for competing against company etc. whereas the agreement includes offer, acceptance and consideration. Also, the contract provides certain remedies to the employees in case where an irreparable damage has been caused to the employee during the course of employment.
It is important for any contract to provide provisions through which the contract is interpreted. The employment contract addresses the possibility of future litigation by providing terms for termination, risk allocation and impracticability of performance and frustration of purpose.
The final step in drafting the employment contract is to assemble the contract after adding all the important clauses related to the business.
The legislations do not require strictly, that the employment contract should be in writing. However, it is advisable that the employment contract must be prepared in writing with the help of a legal expert and it includes all the terms and conditions related to the business. It is required to have an employment contract on paper with all the terms and conditions agreed and signed by both the parties.
The minimum requirement for an employment agreement in Delhi NCR is that it must include:
Following documents are required for Employment contract in Delhi NCR:-
The most important document for employment contract is to have a document providing employee’s identification number, name and address. The document is basically required by the contractor to make payments to the employees.
The contractor is required to ask for a detailed resume including education and previous work history of the employee. Also, the employee is required to provide a reference from previous employers or work related individuals. Reference is required as a background check for a person who is engaged in any confidential or critical work. In case if a person or company is bonded, a copy of insurance is required.
A well drafted contract duly signed and agreed by both the parties is required. It is advisable that the contract should be in writing because it acts as evidence in case of disputes related to employment. The contract must contain some important terms like:-
Benefits of Employment contract in Delhi NCR are:-
One of the most important advantages of employer’s contract is that it provides high level of specificity i.e. all the terms and condition regarding the operation of the employment is already mentioned. Thus, if a person desirous to know about the company’s wage rate, they can specifically check the agreement of the contract. Trade Secrets and Copyrighted materials are protected through employment contract.
Employment contract requires that the employee should work for the company and contribute to its overall development. The employee cannot compete against the company as the employer owes the right to action against the employee for the infringement of the terms of the contract.
Employees under the employment contract are not supposed to reveal any confidential information about the company. A good employment contract lays down provisions for necessary action against employees for revealing company secrets. The employer owes the right to take necessary action against the employee breaching the terms of the agreement.
Employment contract provides a person an opportunity to work on different projects related to the skills they want to develop. It is different from full time employment where one gets stuck in a single profile or work type. Employment contract helps the employees to create a work life balance, to demonstrate their worth, and learn to manage time which ultimately helps in the overall growth of the employee.
Employment contract lays down the kind of relationship that an employer have with his employees in any particular business. It includes job description, job duration, salaries of the employees, protection against company secrets, limitations of employee regarding ownership and their ground for termination.
Yes, the employees will be liable for the breach of contract.
The contract itself provides remedies for any kind of breach of the contractual terms. Also, the employee has the right to approach courts in order to seek damages.
The time duration of an employment contract is fixed depending on the kind of work involved in it. The contract can be terminated after the completion of the project.
The rights and obligations of contractor are defined under the contract itself. Besides this the contractor has the right to initiate legal proceedings against the employees for the breach of the Employment contract in India
The following procedure needs to be followed for employment contract in Delhi NCR:
a. Formation of Fundamental policies of employment contract
b. Formation of contract principles
c. Establishing rights, obligations and remedies
d. Contract Interpretation
e. Assembling Contract.
Generally, the contract itself provides for the resolution of disputes arising out of the terms of the employment. However, it can be resolved through courts as well.
For an employment contract only three documents are required. These are:
a. Payment form provided by the contractor.
b. Application form along with resume.
c. A written contract duly signed and agreed by both the parties.
In full time contract, the employees are hired for a longer period of time whereas in employment contract the employees are hired for the specific period of time. In employment contract, the contract can be terminated after the completion of particular project which is not possible in full time contract.
Yes, the employment contract is voluntary and a person according to his own will and area of interest selects the kind of employment. Also, they are free to decide the working hours.