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Contract Employment Agreement

Pallavi Rupanagudi
Pallavi Rupanagudi
  • Mar 17, 2022
  • 5 min to read
Contract Employment Agreement Rupanagudi

Be Alert before you sign up your Employment Agreement 

You finally get the job you desire after a lengthy recruiting procedure and can't wait to sign your offer letter and start working. While there is excitement at the prospect of starting a new job, there is also the overwhelming sensation of having to go through all of the paperwork before you begin.

The paperwork we're talking about here is your employment contract, and it's critical that you properly study the tiny print before signing it. This must be done even if you have already negotiated all of the conditions with the company's human resources department. The more you understand about the terms and stipulations of your contract, the less problems you'll have in the future. 

Ask why ?

Simply because, you should know what has to be done if suddenly you are asked to attend a video conference and your boss terminates your employment. It is very important for employees to be informed of their legal rights and responsibilities in the workplace. If you find yourself in a similar scenario, the first and most important action is to talk with and employ a lawyer. A lawyer can not only give legal counsel, but also assist in making informed decisions. 

Looks like, today, layoffs have become the default response of businesses to the difficulties posed by technological advancements and worldwide competitiveness and of course to mitigate economic crisis, layoffs are the first thing witnessed amidst the wake of the Covid-19 pandemic. It may be stated that job cutbacks seldom assist top executives accomplish their objectives. Too frequently, they are done for short-term benefit, but the cost reductions are swamped by negative publicity, loss of expertise, weaker engagement, more voluntary turnover, and poorer innovation, all of which harm long-term earnings. 

There are few important measurers that you can take care of by looking into the Contract of Employment in a detailed manner 一

Firstly, understand what a contract is!
You can probably anticipate some type of documentation of your requirements, such as how much and when you'll be paid, or the bonus system, with practically every job offer, but that doesn't always imply it's a contract. A contract is something that has set beginning and ending dates as well as some very detailed termination provisions—we typically see these sorts of contracts with higher-level executives.

The basic norm is that, unless otherwise stated in writing, most employees are "at will." That effectively means that an employer can terminate you at any moment for any reason — or no cause at all. At will also implies that the employee has the right to leave your work for any reason or no reason at all.

Look forward to your Job Stability 

Some workers have a contract that specifies how they can be terminated. "That's a 'just cause provision,' like if you break the contract or fail to execute your responsibilities. What to look for, because you want to avoid oddities like automatic termination provisions. The majority of employees will never agree to it. You want there to be some notice, and you want them to give you a chance to make changes. In other words, search for wording requiring both parties to provide 60 days' notice (or some other specified time) before terminating the contract

Be aware of your Rights 

If you have been associated with the company for months or over a year, you shall receive a notice of termination at least 14 days prior, if not any. But, there is no need on the part of the employer to give notice to the employee if misconduct is the reason for termination. In this case, the employee has an opportunity to explain themselves reasonably.

Know that, you have the right to be heard by your employer. You should be given the opportunity to defend yourself and demonstrate upon your termination. You also have the right to know the reason behind your termination. The necessity for the right to be heard is also consistent with natural justice concepts. 

In case of sudden termination, the employer is entitled to certain payments that they are entitled to receive at the moment of termination. Such payment is known as severance pay. Again, you are only entitled to this if there are no allegations/charges pressed against you. Severance pay depends upon organisations & their structure. 

Know how many beans make five! 

And, at last, be smarter with your Contracts. 

A job contract may bore you to tears, yet it is essential to your employment. These few issues are far from complete, and there are numerous state and local variances in employment law.  

If you wish to know more about staying on top of your career? Reach out to us!  
We will stand in to guide you through the ins and outs of the complicated employee-employer market. Whether you're an entry-level employee or a CEO with a corner office, knowledge is power and being informed is powerful! 

Pallavi Rupanagudi
Pallavi Rupanagudi

Contract lawyer with over a decade of experience in handling employment agreements, MSA, MoU, SaaS, e- commerce, website policies etc; also involved in conducting training sessions in POSH, work as guest faculty in couple of institutions.

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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