Download: Employment Contract Template with Clause-Level Guidance
This template outlines the key clauses to be included in an employment contract, with clear sections for employment terms, compensation, benefits, leave, and termination.
[Date]
This Employment Contract ("Agreement") is made between:
Employer:
[Company Name]
Registered Address: [Address]
Authorized Representative: [Name & Designation]
Employee:
[Employee Name]
Permanent Address: [Address]
Nationality: [Country]
Passport No.: [Number]
1. Employment and Job Description
Position: [Job Title]
Location: [Workplace Address]
Duties: [Detailed Job Responsibilities]
Reporting To: [Supervisor's Name & Title]
Clause-Level Guidance: Clearly define the role to avoid ambiguity. Ensure compliance with the Shops & Establishments Act and the Occupational Safety, Health and Working Conditions Code, 2020.
2. Term of Employment
Start Date: [DD/MM/YYYY]
End Date: [DD/MM/YYYY] (If applicable)
Probation Period: [Duration] (If applicable)
Clause-Level Guidance: Specify the duration of employment and any probationary period. Ensure adherence to the Industrial Disputes Act, 1947, regarding probation and termination.
3. Compensation and Benefits
Salary: ₹[Amount] per [Month/Year], payable on [Date].
Allowances: [List of Allowances, e.g., Housing, Transport, etc.]
Bonuses/Incentives: [Details]
Statutory Benefits: Provident Fund (PF), Employee State Insurance (ESI), Gratuity, etc., as per applicable laws.
Clause-Level Guidance: Ensure compliance with the Payment of Wages Act, 1936, and the Minimum Wages Act, 1948. Deduction limits should align with the Payment of Wages Act.
4. Working Hours and Leave Entitlements
Working Hours: [Number of Hours] per day, [Number of Days] per week.
Overtime: [Applicable Overtime Rates]
Annual Leave: [Number of Days] per year.
Sick Leave: [Number of Days] per year.
Public Holidays: [List of Holidays]
Clause-Level Guidance: Adhere to the Shops & Establishments Act and the Occupational Safety, Health and Working Conditions Code, 2020, regarding working hours and leave entitlements.
5. Termination and Notice Period
Notice Period: [Duration] by either party.
Grounds for Termination: [List of Grounds]
Severance Pay: [Details]
Clause-Level Guidance: Ensure compliance with the Industrial Disputes Act, 1947, regarding termination procedures and notice periods.
6. Repatriation and Return Travel
Return Journey: Employer shall provide return airfare to the employee's home country upon contract completion or termination.
Accommodation: [Details of Accommodation Provided]
Clause-Level Guidance: Comply with the Emigration Act, 1983, and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, regarding repatriation and accommodation.
7. Confidentiality and Non-Disclosure
Confidential Information: Employee agrees not to disclose any proprietary information during and after the term of employment.
Non-Disclosure Agreement: [Details]
Clause-Level Guidance: Ensure enforceability under the Indian Contract Act, 1872, and the Information Technology Act, 2000.
8. Governing Law and Dispute Resolution
Governing Law: This Agreement shall be governed by the laws of India.
Dispute Resolution: Any disputes arising out of this Agreement shall be resolved through [Arbitration/Mediation] in [Location].
Clause-Level Guidance: Adhere to the Arbitration and Conciliation Act, 1996, for dispute resolution procedures.
9. Miscellaneous
Employment Bond: [Details, if applicable]
Force Majeure: [Details]
Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
Clause-Level Guidance: Ensure compliance with the Indian Contract Act, 1872, regarding contract amendments and enforceability.
Acknowledgment and Acceptance
By signing below, both parties agree to the terms and conditions outlined in this employment contract.
Employer:
Signature: ___________________________
Name: [Name]
Designation: [Designation]
Date: [DD/MM/YYYY]
Employee:
Signature: ___________________________
Name: [Name]
Date: [DD/MM/YYYY]
Note: This template is a general guide and should be tailored to specific circumstances and in consultation with legal professionals to ensure compliance with applicable laws and regulations.
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