Permanent Employment Agreement

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What is

Permanent Employment Agreement

 

An employment agreement lays down the terms of engagement of the employee. An employment agreement sets out the expectation of the employer from the employee, the scope of the job to be done by the employee, his reporting relations, the salary, and other obligations the employee may have to the employer and vice versa

 

A permanent employment agreement as the name suggests is an agreement where a person is employed for an unfixed term, which can be terminated only in accordance with the procedure established under the agreement. 

 

FAQs

 

1. Are there any legislations in India governing employment agreements?

In India there are no specific legislations governing employment agreements, however employment agreements are subject to the Indian Contract Act of 1872. Further, if the employee satisfies the definition of a workman (depends on salary and nature of work), the employment agreement may be subject to labour legislation.

 

2. Can an employee be prevented from working with or engaging in a competing business post-termination?

An employee may be prevented from working with or engaging in a competing business only for the term of his employment, this period may include the remainder of the employment term where the employment is prematurely terminated by the employee. No employee may be prevented from engaging or working even if it is with a competing business post the termination of the employment agreement as, under section 27 of the Indian contract act 1872, no person may enter into a contract in restraint of trade. 

 

3. Can an employment agreement still be valid and enforceable if the employee has lied about his academic qualification or expertise or made false claims?

Under sections 17 and section 18 of the Indian contract act 1872, any contract entered into by parties where one party has committed fraud or misrepresented material facts, the other party may at its option render the agreement void, similarly and the employment agreement may be voided by the employer. 

 

4. Can an employer force an employee to perform his obligation towards his work under an employment agreement?

Under section 14 of the Specific Relief Act of 1963, a contract, the performance of which involves the performance of a continuous duty that the court cannot supervise cannot be enforced, hence an employee may not be forced to perform his obligations under an employment agreement, however, the employer may file a suit for recovery of any money paid for the same.