We are a new start up company
8 months ago
Hi. We are a new start up company with farming and livestock activities falling under the agriculture sector. We would like help in drawing up an employment contract template for our senior staff and also our farm workers. Can we get help doing so in line with agricultural labour laws?
A.Dear client,
A valid employment contract should include the following key provisions:
The Parties
The parties between whom the agreement will be executed (the employee and the employer) should be stated clearly. The details of both the parties (names, addresses, etc) should be mentioned.
Job designation & profile
The job designation and profile for which the employee is hired should be mentioned in the employment agreement. It will also include the duties and responsibilities for which the employee will be held accountable.
Remunerations and reimbursements
The remuneration to be received by the employee, instead of his services, should be mentioned clearly in the agreement. It will include the breakup of the salary components such as the basic salary, health benefits, travel expenses, PF contribution, etc due to him.
The agreement should also mention the reimbursement due to the employee for any expenses made while fulfilling his duties.
Leaves and other benefits
The contractual employment agreement must include a clause to specify the number of paid leaves the employee is entitled to during any given year and also how he can claim these. Other benefits the employee is due to receive (incentives, bonus, appraisals, etc) should also be mentioned in clear terms.
Confidentiality and non-disclosure
If the responsibilities and the duties of the employee put him in such a position where he comes to be aware of certain confidential information and/or trade secrets, the employment agreement needs to have an appropriate confidentiality & non-disclosure clause.
Termination of employment
The contract employee agreement should mention the process in which the employee or the employer can terminate the agreement. The terms and grounds on which the employee can be terminated should be mentioned clearly in the work contract agreement
Dispute resolution
The work contract agreement must mention the remedial measures the parties will resort to, to resolve disputes, if any. It will include alternative forms of dispute resolution they may choose to employ, such as arbitration.
General terms & conditions
These may include the obligations and rights of the employee and the employer, penalty conditions, and other important provisions applicable to both the parties.
A valid employment contract should include the following key provisions:
The Parties
The parties between whom the agreement will be executed (the employee and the employer) should be stated clearly. The details of both the parties (names, addresses, etc) should be mentioned.
Job designation & profile
The job designation and profile for which the employee is hired should be mentioned in the employment agreement. It will also include the duties and responsibilities for which the employee will be held accountable.
Remunerations and reimbursements
The remuneration to be received by the employee, instead of his services, should be mentioned clearly in the agreement. It will include the breakup of the salary components such as the basic salary, health benefits, travel expenses, PF contribution, etc due to him.
The agreement should also mention the reimbursement due to the employee for any expenses made while fulfilling his duties.
Leaves and other benefits
The contractual employment agreement must include a clause to specify the number of paid leaves the employee is entitled to during any given year and also how he can claim these. Other benefits the employee is due to receive (incentives, bonus, appraisals, etc) should also be mentioned in clear terms.
Confidentiality and non-disclosure
If the responsibilities and the duties of the employee put him in such a position where he comes to be aware of certain confidential information and/or trade secrets, the employment agreement needs to have an appropriate confidentiality & non-disclosure clause.
Termination of employment
The contract employee agreement should mention the process in which the employee or the employer can terminate the agreement. The terms and grounds on which the employee can be terminated should be mentioned clearly in the work contract agreement
Dispute resolution
The work contract agreement must mention the remedial measures the parties will resort to, to resolve disputes, if any. It will include alternative forms of dispute resolution they may choose to employ, such as arbitration.
General terms & conditions
These may include the obligations and rights of the employee and the employer, penalty conditions, and other important provisions applicable to both the parties.
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A.Dear Client,
In India, several labour laws are applicable to the agriculture sector, providing protections for workers in this industry that include amongst others, The Minimum Wages Act, 1948, The Payment of wages act, 1936, The Equal Remuneration Act, 1976, The Child Labour (Prohibition and Regulation) act, 1986, The contract labour (regulation and abolition) Act, 1970 and Rules, The Maternity Benefit act, 1961 and Rules, The Working Hours act, 1961, The Inter-State Migrant Workmen (Regulation of employment and conditions of service) Act, 1979. The Seeds Act 1966 and Seeds Rules 1968 etc.
In India, several labour laws are applicable to the agriculture sector, providing protections for workers in this industry that include amongst others, The Minimum Wages Act, 1948, The Payment of wages act, 1936, The Equal Remuneration Act, 1976, The Child Labour (Prohibition and Regulation) act, 1986, The contract labour (regulation and abolition) Act, 1970 and Rules, The Maternity Benefit act, 1961 and Rules, The Working Hours act, 1961, The Inter-State Migrant Workmen (Regulation of employment and conditions of service) Act, 1979. The Seeds Act 1966 and Seeds Rules 1968 etc.
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