EMPLOYMENT CONTRACTS

PRESENTED BY:-
Gopal
Diwakar
Debashish
Vikalp
Varsha
Rupanshi
 INTRODUCTION

 Employer – employee relationship has acquired a new meaning

today
 Employers can no longer dictate the terms to employees
 Positive role between both the employer and employee contr-
ibutes towards achieving peace, prosperity and happiness of
the humankind.
THE EMPLOYER- EMPLOYEE
RELATIONSHIP
 Determined by employment contract which may be either
oral or written.
 Should specify job description, wages, employee rights and
duties etc.
 Generally presumed to be at will
 Both the parties can terminate the “at will” employment
relationship at any time for any reason unless at exceptions
given by law
 Also gives rise to certain rights and duties
 DUTIES OF AN EMPLOYEE
• AGENCY LAW or TORT LAW
 Duty of loyalty: Obligation to act only in the interest of one’s employer and
not to compete with him
 Duty of obedience: Obligation to obey all reasonable order of one’s employer
 Duty of care: Lack of performance is a violation of this duty

• CONTRACT LAW
 Conditions in Contracts
•Employment at will
• Free hand to both
• Can quit or can be fired any time
• Default rule

•Express contract
• Either written or oral
• Some statement is expected like “reasonable
cause”
•Termination
• Employee has to be given an opportunity
• Should be “progressive” like warning
• An agreement not to complete
• An agreement not to use secrets
• An agreement to arbitrate disputes
•Collective bargain or CBA
• Exception to the doctrine of ‘employment at will’
• Job protection provisions
• Employee can be discharged or disciplined only for
just cause
• Employee or union disciplined can file grievance
• Grievance can be settled by an arbitrator
• Arbitrator’s decision is final and binding
 LIQUIDATED DAMAGES
When the parties to a contract agree to pay a certain sum as fixed and agreed
upon satisfaction for not doing certain things particularly mentioned in the
agreement.

DAMAGES CONSIDERED AS LIQUIDATED

 When the damages are uncertain and incapable of being ascertained by
any satisfactory or known rule.
 When clear that the damages have been the subject of actual and fair cal-
culation and adjustment between the parties.
 When there is an engagement for performance of an act that if not done
causes injury to one of the parties
 Generally the sum fixed upon will be considered either liquidated damages
or a penalty according to the intent of the parties.
Data Privacy
 What is it???
• Refers to evolving relationship between
technology and the legal right to or public
expectation of privacy in the collection and
sharing of data.
• It exists only when uniquely identifiable data
of any person(s) are collected in digital form.
 Types of data affected
• Health Information
• Criminal Justice
• Financial Information
• Genetic Information
Enforceable Principles of Good Practice
• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate
• Not kept longer than necessary
• Processed in accordance with the data subject’s rights
• Secure
• Not transferred to countries without adequate
protection.
 CONFIDENTIALITY

Confidentiality Restrictive
Agreements Covenants
 Confidentiality Agreements
Restrictions
– Non-Use An Agreement
– Non-Disclosure Should Have Both

Level of Confidentiality Trade

Secrets
Confidential Information

Public Domain Information

Restrictive Covenants

Non Non
Competition Disparagement

Non Non
Interference Solicitation
“Reasonable notice” is an implied term of contract and either written
by an express notice provision, if there is an express notice provision
in the employment contract, then that clause is binding unless it is
expressly or impliedly no longer in effect, or it is unlawful, in which
case the contract may be terminated upon a reasonable notice..

The minimum statutory requirements for compensation for

individual terminations established by Law of Employment

• Severance/Written notice of termination. (>3 months)

• In case of Group termination (50 or more employees)

1. Written notice to the minister
2. Written notice to the employee being terminated
3. Written notice to the union
 Non-Disclosure of Information Concerning
Business
• Employee cannot anytime in anyway divulge
facts about his/her employer like
- name of its customers
- its plans
- way of business operation
- any other kind of data.
 Indemnification
• It is a promise generally in contractual basis for
protection of a party from Financial Loss by other party.
• It is a legal exemption from penalties and liabilities
incurred by any course of action.
• It can be direct payment or reimbursement of loss,
however cannot be enforced for intentional tortious
conduct of the protected party.
** Tort law is a body of law that addresses, and provides
remedies for, civil wrongs not arising out of contractual
obligations.