Download - 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.