EMPLOYMENT CONTRACTS

PRESENTED BY:Gopal Diwakar Debashish Vikalp Varsha Rupanshi

INTRODUCTION 
Employer today

employee relations ip as acquired a new meaning 

Employers can no longer dictate t e terms to employees  Positive role between bot t e employer and employee contributes towards ac ieving peace, prosperity and appiness of t e umankind.

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

DUTIES OF AN EMPLOYEE
‡ AGENCY

LAW or TORT LAW 

Duty of loyalty: Obligation to act only in the interest of ones employer and not 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

‡Employment at will ‡Free hand to both ‡Can quit or can be fired any time ‡Default rule ‡Express contract ‡Either written or oral ‡Some statement is expected like ³reasonable cause´

‡Termination ‡Employee has to be given an opportunity ‡Should be ³progressive´ 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 µemployment 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 ‡Arbitrator¶s decision is final and binding

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 calculation 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.

Data Privacy

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.

Types of data affected
‡ ‡ ‡ ‡ Health Information Criminal Justice Financial Information Genetic Information

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 subject s rights ‡ Secure ‡ Not transferred to countries without adequate protection.

CONFIDENTIALITY

Confidentiality Agreements

Restrictive Covenants

Confidentiality Agreements
Restrictions
± Non-Use ± Non-Disclosure An Agreement Should Have Both

Level of Confidentiality

Trade Secrets

Confidential Information Public Domain Information

Restrictive Covenants
Non Competition Non Disparagement

Non Interference

Non Solicitation

Reasonable notice is an implied term of contract and either written by an express notice provision, if there is an express notice provision in the employment contract, then that clause is binding unless it is expressly or impliedly no longer in effect, or it is unlawful, in which case the contract may be terminated upon a reasonable notice.. The minimum statutory requirements for compensation for individual terminations established by Law of Employment ‡ Severance/Written notice of termination. (>3 months) ‡ 1. 2. 3. In case of Group termination (50 or more employees) Written notice to the minister Written notice to the employee being terminated Written notice to the union

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.

Indemnification
‡ It is a promise generally in contractual basis for protection of a party from Financial Loss by other party. ‡ It is a legal exemption from penalties and liabilities incurred by any course of action. ‡ It can be direct payment or reimbursement of loss, however cannot be enforced for intentional tortious conduct of the protected party. ** Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.

Sign up to vote on this title
UsefulNot useful