The Employee Agreement is a legal document specifying the terms and conditions of employment of an employee in the respective organization in which he/she is or will be working and contributing his human input.
Free consultation with a CA. No obligation.
The Employee Agreement is a legal document specifying the terms and conditions of employment of an employee in the respective organization in which he/she is or will be working and contributing his human input. Employment Agreement is a type of contract commonly executed when a business hires a new employee binding both the parties to follow the clauses as mentioned in the said contract. It may have a range of different employment types like full time, part time and the fixed term.
It set out all of the terms of employment, including the job duties, salary & Remuneration benefits which can be availed, working hours, confidentiality, leaves including annual and monthly and various other key terms.
In most of the cases, once a new employee is recruited, both the employer and employee wants to get started without any delay. However, the employer may wish to first start by providing the employee a letter which states some of the key terms in brief. In these kinds of situations the employer uses a Letter of Offer followed by the Employment Agreement.
The employment agreement is required to be printed on stamp paper which is to be signed by both the employer and the employee and shall keep a copy of the same for their own records.
Note:- An Employment Agreement is not suitable for the contractors and they are recommended to use another legal agreement which is called a Service Agreement.
Legal Window has a team of experts providing you with the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to legal drafting of contracts. You may get in touch with our team on 072407-51000 or email [email protected].
Safeguarding the Interest of Employer
Safeguarding the Interest of Employee
Listing down the Laws of Employment
Setting Expectations for the development of organization as well as employee
As we receive a request from you for drafting an Employment Contract/Agreement, our expert team will share a questionnaire to be filed by you for taking your request forward.
After receiving the said questionnaire and the information relevant for drafting of the Employment Contract/Agreement we will begin to draft the same and if in need we require any other information the same will be sought by us through a call. Drafting of agreement might take 2-4 business days.
Once the agreement is ready from our side we will share a draft of the same with you for final approval. If you find the same in order the final copy will be shared in a day and if corrections or additions are required then the same will be revised and verified by our team.
Our experts will do the needful and the same will be shared with you as final agreement.
Terminologies and the definitions of terms for reducing the miscommunication
List of clauses governing Employee Agreement like scope of work for both parties
Responsibilities and duties of both Employer and Employee
Name of the Employer
Stamp Duty
Signature of both the parties involved
Working hours and leave
Remuneration
Confidentiality and Non Disclosure
Intellectual Property Rights
Non- Competing Clause
Termination of Employment
Arbitration Clause
Dual Employment i.e. one must not take multiple jobs at one point
An agreement becomes legally enforceable when it has been properly stamped and the required stamp duty has been paid on the agreement irrespective of the fact that whether an agreement is printed on a letter head of the company or on a plain paper or on a stamp paper. The stamp duty differs from state to state.
Section 17 of the Indian Stamp Act, 1899 states that "All instruments chargeable with duty and executed by any person in India shall be stamped before or at the time of execution".
Section 2(14) of the Indian Stamp Act, 1899 also defines "Instrument" as "every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded".
Thus, from the provisions it can be concluded that in order to maintain the legal validity of an agreement a right amount of Stamp Duty should be paid depending upon state to state.
There are various laws applicable for employment services and the said employment is sometimes subject to the terms and conditions of the applicable laws. Each state has their own Shops and Establishments Act which lays down certain terms and conditions regarding the working hours, overtime etc to be done by an employee.