Mediation, a type of alternative dispute resolution, is an approach to determine debates outside the courts. The contest will be chosen by at least one people, which renders the "arbitration award". A discretion grant is legitimately authoritative on the two sides and enforceable in the courts.
Duties and responsibilities of Employer and Employee
Duties and responsibilities of the employee must be clearly defined in the employment agreement. As well responsibility of employer is also mentioned in the employee agreement.
Working Hours and Leaves
The normal working hours and days for the employee must be mentioned in the employment agreement. Working hours are governed by the Shops & Establishment Act. Shop & Establishment Laws takes care of safety and security of the employee. Hence, its important to be keep in mind the same while drawing the employment agreement.
Salary and Remuneration
Salary is very import term for all employees. It is the return value for employee what he is putting in terms of effoerts. In India salaries are paid on monthly basis to full time employees. Salary Structure and Amount of Salary need to mentioned clearly in employee agreement. Notice period for change in salary should also mentioned in the agreement.
Dual Employment
To safeguard the interest of the employer, employee should not take multiple jobs at one point. it is important to add clauses prohibiting the employee from taking up any other employment during the course of this employment contract.
Non Disclosure and Confidentiality
Non Disclosure and Confidentiality is biggest issue to many employers. If employee day to day or any duty and responsibility involve working in a position wherein they would come to know about sensitive information like trade secrets, Intellectual property or confidential information of the business, it is important for the employer get non disclosure agreement signed from employee. In case of highly specialised employment involving extensive disclosure of confidential information to the employee, a separate employee non-disclosure agreement can be executed as well.
Intellectual Property rights
Any organisation puts lot of efforts to educate employees on new trends and business requirements. A lot of intellectual property is created employees on day to basis. To protect this IP from misuse or personal use, employers ask for IP rights, which states that all the IP created in the employer's premises or using employer infrastructure like internet, laptop, place or any other device. Employee has to declare that all the IP created or used for employers will have sole right for employer.
Non Compete Clause
Many employees learn the trade secret, and create a competition for its employer by starting a same business and porch the existing customers.To stop this practice and safeguard the business, employer add clauses like non compete, where employee is not permitted to start a similar business as well as can not join other organisation which is in direct competition.
Termination of Employment
it is important for all employment contract to have a clause for termination of employment. The grounds and terms on which the employment contract can be terminated must be clearly provided.
Arbitration
In case of the breach of contract, both parties will be approaching to predefined Arbitration Authority
