Employment Agreement

An Employment Agreement is a formal agreement between the employer and the employee that defines the relationship between them including such factors as expectations and compensation. This agreement is generally entered between the employer and the employee for a specified period of time and also includes the liability incurred if the contract is violated by the parties, especially the employee. The agreement contains a detailed description of the conditions of employment including the duties to be undertaken, place of work, hours for which the employee has to work and all other statutory entitlements.

In case of any conflict between the employer and the employee, the terms laid down in the employment agreement prevails. The agreement also specifies any benefits that the employee may avail during the term of employment and any additional benefits that have been negotiated between the employer and the employee. You must hire the top Startup lawyers to help you draft an employment agreement tailored to meet your needs.

Draft Employment Agreement Online
At INR 6499

What You'll Get In The Package

Inclusion

  • Introduction call for consultation with the lawyer to get to know your requirements for the Employment Agreement and regarding the work that will be done together
  • Documents Checklist
  • Verification of necessary documents
  • Drafting of the agreement
  • Draft Employment Agreement will be sent to you for feedback

Exclusion

  • The lawyer shall not undertake any additional work apart from the Employment Agreement
  • You may hire the lawyer for any additional Startup work

Information Required for Drafting Employment Agreement

  1. Information regarding the employer and the employee
  2. Offer Letter
  3. Non-Disclosure Agreement
  4. Information regarding any communication that has been made regarding the terms of employment
  5. Any additional information that may be specific to your needs or needed by the lawyer

Procedure for Drafting Employment Agreement

  1. You must hire the top Startup lawyers in your locality to help you draft an Employment Agreement tailored to meet your specific needs and circumstances.
  2. The Employment Agreement shall be drafted and sent to you for approval.
  3. The Employment Agreement shall be drafted incorporating your suggestions(if any).

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FAQs

Is the offer letter same as the employment agreement?
No, the offer letter and the employment agreement are not the same. The offer letter lays down the terms, conditions and benefits that the company is willing to offer to the employee. After going through the offer letter and negotiating the same, the terms that are finally agreed upon between the employer and the employee form a part of the employment agreement.
Can I have a standard employment agreement?
Yes, you may have a standard agreement with subtle modifications regarding the position at which the employee is entering, qualifications of the employee, the experience that the employee has and other such factors. If you are willing to alter to make amendments to your employment agreement depending upon such factors, you will be able to hire and retain satisfied and productive employees. However, the overall provisions of the agreement should be uniform.
Why should I have a written employment agreement?
The advantages of having a well-written employment agreement are as follows: 1. There exists a high level of specificity regarding the terms of employment 2. There exists a dispute resolution provision which is referred to in case of there being any dispute between the employer and the employee 3. It is important to develop a positive relationship between the employer and the employee
What conditions should definitely be part of an employment agreement?
The following conditions should definitely be a part of an employment agreement: 1. Provision for non-disclosure 2. Non-compete clause 3. That the employee is required to give his/her best efforts 4. Provision for exclusive employment, i.e., that the employee agrees to work for any other employer and undertake the same or similar work 5. That the employee shall not receive any additional benefits in case they take up any additional responsibility 6. That the employee cannot enter into a contract on behalf of the employer unless authorized to so so 7. Provisions for employment termination 8. Provisions for dispute resolution 9. Provisions clarifying the ownership of any invention that may be made by the employee during the course of employment 10. Employee stock options (if any)
Why is the non-compete clause required?
A non-compete clause states that the employee is not to accept employment under a competitor of the current employer for such period as stated in the employment agreement (generally 6-12 months). Such a clause is necessary as it prevents the employee from acquiring the secrets of trade from the current employer and using it to benefit a competitor. However, such restriction must be reasonable as it may otherwise violate the fundamental rights of the employee.
Why should I add a confidentiality clause?
You must add a confidentiality code to the employment agreement so as to ensure that your trade secrets, plans, strategies, etc., remain a secret and cannot be disclosed by the employee to individuals outside the organization or even competitors. You must additionally have a liability clause added to this confidentiality clause to ensure that you have a legal recourse if your employee does leak any such information.
Why should a dispute resolution clause be included?
A dispute resolution clause must be added to the employment agreement to ensure that you do not have to get into unnecessary legal hassles in case of any dispute between you and your employee. You must mention the mode of dispute resolution as well as choice of law. If you have employees in other countries, you must also mention the country in which the dispute resolution will take place.
What are the different kinds of employment agreements?
Employment agreements may be of two kinds broadly: 1. Collective agreement: where the agreement has been negotiated with one or more trade unions 2. Individual agreement: where the agreement is entered into personally between the employer and the employee
How can I draft a good employment agreement?
You may get an employment agreement that is well-drafted and sound in law, drafted by top Startup lawyers through the services provided by Legistify. It is necessary that you have a proper employment agreement to ensure that the terms and conditions with which you hire your employees are well set and standardized so as to avoid complications. The dispute resolution clause in an employment agreement also helps you avoid unnecessary legal complications and litigations in the future.
How much does it cost to draft an employment agreement online?
Legistify provides you the most experienced lawyers in your locality to help you draft a good employment agreement cheap and reasonable prices with no hidden costs.