Contracts of Employment
After the job offer has been made and the candidates accept the offer, certain documents need to be executed by the employer and the candidate. One such document is the attestation form. This form contains certain vital details about the candidate which are authenticated and attested by him. Attestation form will be a valid record for future reference.
There is also a need for preparing a contract of employment. The basic information that should be included in a written contract of employment will vary according to the level of the job, but the following checklist sets out the typical headings.
_ Job Title
_ Duties, including a phrase such as “The employee will perform such duties and will be responsible to such a person as the company may from time to time direct.”
_ Date when continuous employment starts and the basis for calculating service
_ Rate of pay, allowances, overtime and shift rates, method of payments
_ Hours of work including lunch break and overtime and shift arrangements
_ Holiday arrangements
_ Length of notice due to and from employee
_ Grievance procedure
_ Disciplinary procedure
_ Work Rules
_ Arrangements for terminating employment
_ Arrangements for union membership
_ Special terms relating to rights to patents and designs, confidential information and restraints on trade after termination of employment
_ Employer’s right to vary terms of the contract subject to proper notification being given
Alternatively called employment agreements or simply bonds, contracts of employment serve many useful purposes. Such contracts seek to restrain job hopers, to protect knowledge and information that might be vital to a company’s health bottom line, and to prevent competitors from poaching highly valued employees.
Great care is taken to draft the contract forms. Often, services of law firms are engaged to get the forms drafted and finalized.
Most employers insist on agreements being signed by newly hired employees. But high employee turnover sectors such as software, advertising and media are more prone to use such contracts.
The drawback with the contracts is that it is impossible to enforce them. A determined employee is bound to leave the organization, contract or no contract.
The employee is prepared to pay the penalty for breaching the agreement or the new employer will provide compensations. It is for this reason that several companies have scrapped the contracts altogether. Lintas and Ogilvy and Mather are examples.
IF YOU DONT GET IT DEMAND FOR IT !!
After the job offer has been made and the candidates accept the offer, certain documents need to be executed by the employer and the candidate. One such document is the attestation form. This form contains certain vital details about the candidate which are authenticated and attested by him. Attestation form will be a valid record for future reference.
There is also a need for preparing a contract of employment. The basic information that should be included in a written contract of employment will vary according to the level of the job, but the following checklist sets out the typical headings.
_ Job Title
_ Duties, including a phrase such as “The employee will perform such duties and will be responsible to such a person as the company may from time to time direct.”
_ Date when continuous employment starts and the basis for calculating service
_ Rate of pay, allowances, overtime and shift rates, method of payments
_ Hours of work including lunch break and overtime and shift arrangements
_ Holiday arrangements
_ Length of notice due to and from employee
_ Grievance procedure
_ Disciplinary procedure
_ Work Rules
_ Arrangements for terminating employment
_ Arrangements for union membership
_ Special terms relating to rights to patents and designs, confidential information and restraints on trade after termination of employment
_ Employer’s right to vary terms of the contract subject to proper notification being given
Alternatively called employment agreements or simply bonds, contracts of employment serve many useful purposes. Such contracts seek to restrain job hopers, to protect knowledge and information that might be vital to a company’s health bottom line, and to prevent competitors from poaching highly valued employees.
Great care is taken to draft the contract forms. Often, services of law firms are engaged to get the forms drafted and finalized.
Most employers insist on agreements being signed by newly hired employees. But high employee turnover sectors such as software, advertising and media are more prone to use such contracts.
The drawback with the contracts is that it is impossible to enforce them. A determined employee is bound to leave the organization, contract or no contract.
The employee is prepared to pay the penalty for breaching the agreement or the new employer will provide compensations. It is for this reason that several companies have scrapped the contracts altogether. Lintas and Ogilvy and Mather are examples.
IF YOU DONT GET IT DEMAND FOR IT !!