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What is an Employment Agreement ?
An employment agreement is the foundation for any employment relationship between an employer and employee. It is a bilateral agreement for the exchange of service and remuneration over a period of time.

Essential Features of Employment Agreement
The essential features of employment contract are offer, acceptance, consideration, competence of parties, legal object and free consent.

Nature of Employment Agreement
An Employment agreement need not be written it can also be oral but in order to avoid disputes at a later stage, it is always advisable to enter into contract once the terms and conditions of the employment are agreed upon between the employer and employee. The acceptance of such contract must be absolute and unqualified, should have free consent of both the parties and should not be entered by fraud, misrepresentation, coercion and undue influence. There are various other terms and conditions to which both employee and employer are bound, the breach of such terms will repudiate the contract. The employee should be provided with the terms and conditions before signing of the agreement so that employee will have time to understand the terms he is going to be bound by. Other important conditions are covenants on settlement of disputes, confidentiality and termination.



Employment Conditions
Legislation Objective
Factories Act, 1948 To provide for the safety, health, welfare, working hours and leave of workers in factories
Shops and Establishment Act (State wise) To regulate payment of wages, terms of service, holidays, leaves, work conditions, hours of work, overtime etc. for people employed in shops and commercial establishments
Contract Labour (Regulation & Abolition) Act, 1970 To regulate the engagement of contractor and contract labour by the Principal Employer
Industrial Employment Standing Order Act, 1946
Any establishment employing 100 or more workmen is required to regulate and codify conditions of service and obtain certification from the concerned regulatory authority.
Building and other construction workers (Regulation of employment and conditions of service) Act, 1996 For the benefit of workers engaged in building and construction activities to regulate matters related to their safety, health and welfare and any other matters incidental thereto.
Industrial Relations
Industrial Disputes Act, 1947 To provide machinery for regulating the rights of the employees and settlement of industrial disputes in a peaceful and harmonious manner, along with provisions for strikes, layoffs, unfair labour practices, lockouts and closure of an establishment etc.
Trade Unions Act, 1926 To establish the rights, duties and obligations of trade unions and facilitate their registration
Payment of wages Act, 1936 It regulates the payment of wages to certain classes of persons employed in the industry and provides for the responsibility for payment of wages, fixation of wages period, time and mode of payment of wages and permissible wage deduction.
Minimum Wages Act, 1948 To stipulate minimum rates of wages that must be paid to skilled and unskilled labours taking into account various factors such as the industry location and nature of work to be undertaken.
Payment of Bonus Act, 1965 To obligate employers to pay bonuses to employees and provide the principle formula for the calculation of the bonus, minimum and maximum bonus payable and enforcement of liability for payment of the bonus
Equal Remuneration Act, 1976 To provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex against women in the matter of employment
Social Security Benefits
Payment of Gratuity Act, 1972 To provide for the payment of gratuity, a retirement benefit paid upon cessation of employment
Workmen’s Compensation Act, 1932 To provide workmen and/or their dependents some relief in case of accidents arising out of or during employment and causing either death or disablement.
Employee Provident Fund and Miscellaneous Provisions Act, 1952 To provide for a scheme wherein both the employee and the employer make an equal contribution into a national fund which attracts a stipulated interest per annum, and the accumulated amount is paid on retirement to the employee along with the interest that has accrued.
Employees’ State Insurance Act, 1948 To provide for a scheme wherein the employer and the employee must contribute a certain percentage of the monthly wages to the Insurance Corporation


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