Employee Contract

8/7/2019 Employee Contract

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EMPLOYMENT CONTRACTS

PRESENTED BY:-Gopal

Diwakar

Debashish

Vikalp

Varsha

Rupanshi


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INTRODUCTION

Employer employee relations ip as acquired a new meaning

today Employers can no longer dictate t e terms to employees

Positive role between bot t e employer and employee contr-

ibutes towards ac ieving peace, prosperity and appiness of

t e umankind.


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THE EMPLOYER- EMPLOYEE

RELATIONSHIP

Determined by employment contract which may be either

oral or written.

Should specify job description, wages, employee rights and

duties etc.

Generally presumed to be at will

Both the parties can terminate the \at will[ employment

relationship at any time for any reason unless at exceptions

given by law

Also gives rise to certain rights and duties


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DUTIES OF AN EMPLOYEEAGENCY LAW or TORT LAW

Duty of loyalty: Obligation to act only in the interest of ones employer andnot to compete with him

Duty of obedience: Obligation to obey all reasonable order of ones employer

Duty of care: Lack of performance is a violation of this duty

CONTRACT LAW


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Employment at will

Free hand to both

Can quit or can be fired any timeDefault rule

Express contract

Either written or oralSome statement is expected like reasonable

cause


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Termination

Employee has to be given an opportunityShould be progressive like warning

An agreement not to complete

An agreement not to use secrets

An agreement to arbitrate disputes

Collective bargain or CBA

Exception to the doctrine of employment at will

Job protection provisions

Employee can be discharged or disciplined only

for just cause

Employee or union disciplined can file grievance

Grievance can be settled by an arbitrator

Arbitrators decision is final and binding


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LIQUIDATED DAMAGES

When the parties to a contract agree to pay a certain sum as fixed and

agreed upon satisfaction for not doing certain things particularly

mentioned in the agreement.

DAMAGES CONSIDERED AS LIQUIDATED

When the damages are uncertain and incapable of being ascertained by

any satisfactory or known rule.

When clear that the damages have been the subject of actual and fair cal-

culation and adjustment between the parties.When there is an engagement for performance of an act that if not done

causes injury to one of the parties

Generally the sum fixed upon will be considered either liquidated damages

or a penalty according to the intent of the parties.


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Data Privacy


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What is it???

Refers to evolving relationship between

technology and the legal right to or public

expectation of privacy in the collection and

sharing of data.

It exists only when uniquely identifiable data

of any person(s) are collected in digital form.


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Types of data affected

Health Information

Criminal Justice

Financial Information

Genetic Information


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Enforceable Principles of Good

Practice

Fairly and lawfully processed

Processed for limited purposes

Adequate, relevant and not excessive

Accurate Not kept longer than necessary

Processed in accordance with the data subjectsrights

Secure Not transferred to countries without adequate

protection.


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CONFIDENTIALITY

Restrictive

CovenantsConfidentiality

Agreements


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Confidentiality Agreements

Restrictions

Non-Use

Non-Disclosure

An Agreement

Should Have Both

Trade Secrets

ConfidentialInformation

Public Domain

Level of Confidentiality


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Restrictive Covenants

NonCompetition

NonDisparagement

NonInterference NonSolicitation


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Reasonable notice is an implied term of contract and either writtenby an express notice provision, if there is an express noticeprovision in the employment contract, then that clause is bindingunless it is expressly or impliedly no longer in effect, or it isunlawful, in which case the contract may be terminated upon areasonable notice..

The minimum statutory requirements for compensation for

individual terminations established by Law of Employment

Severance/Written notice of termination. (>3 months)

In case of Group termination (50 or more employees)1. Written notice to the minister

2. Written notice to the employee being terminated

3. Written notice to the union


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Non-Disclosure of Information

Concerning Business

Employee cannot anytime in anyway divulge

facts about his/her employer like

- name of its customers- its plans

- way of business operation

- any other kind of data.


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Indemnification

It is a promise generally in contractual basis forprotection of a party from Financial Loss by otherparty.

It is a legal exemption from penalties andliabilities incurred by any course of action.

It can be direct payment or reimbursement ofloss, however cannot be enforced for intentionaltortious conduct of the protected party.

** Tort law is a body of law that addresses, andprovides remedies for, civil wrongs not arising outof contractual obligations.

Employee Contract

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