Employment agreement should not be created in a discriminatory way wherein workers or employers are classified based on their race, gender, disability, color or origin, age, and religion.
Hence, employment agreements should be created in a way that is just and fair for all the employees. If this is followed, employees will do their tasks and responsibilities well and without any negative emotions toward their employers.
Details Found in an Employment Agreement
Some of the things that are agreed upon and found in the employment agreement include:
?the employee's job description
?the employee's salary
?stock options
?duration of the employee's job
?benefits such as health insurance, disability leave, among others, which will be given to the employee
?a certain method of resoling problems or disputes that may arise between the employee and the employer
?protection of the employer's client lists as well as trade secrets
?the employer's ownership of the work products produced by the employee
?ground for the employee's termination
?boundaries of the employee's capability to compete with the employer's business when the relationship between the two ends
The following mentioned are the common information that is found in the employment agreement. The employment agreement may be beneficial for both parties because they will know what responsibilities they are getting in to.
On the part of the employees, they are assured that they will be able to get compensation as an exchange for the work they rendered. Employees will also be clearly informed about the things that employers are expecting them to do.
On the part of the employers, they are assured that their employees are well informed of the things that they should do, as well as their obligations for the company. Through employment agreement, employers will not be left immediately by their employees without providing them enough time to seek for someone who will take the latter's place.
Advantages of an Employment Agreement for Employers
An employment agreement can be beneficial especially for employers, if created in the right way. Here are some of the advantages of employment contracts:
?Employment agreement is useful because it has control over the employee's capability to leave. An employer will be given more time to find a replacement for the employee.
?If the employee is given confidential information about your business, certain confidentiality clauses can also be included in the agreement. The employer may forbid the employee from using or disclosing the information he/she acquired for personal gain.
?Employers can also use the employment agreement in enticing skilled individuals to work for them. Certain promises like benefits that will be received as well as job security could be included in the contract to convince the person into working for you.
?Employee agreements also give employers control over their employees.
Disadvantages of Employment Agreements for Employers
There are also disadvantages that employment agreements bring to the employers. Two of the disadvantages of employment agreement are:
?Employment agreement puts a limit to employers? flexibility because it binds both parties. Problem may arise when employers realize later on that they are not in favor of the terms agreed upon.
?Employers are also obliged to treat the employee fairly. They may be held legally responsible if employees are treated in the way that looks unfair for them
Think Before Agreeing
Before entering into an employment agreement, both employers and employees must think it over carefully. Once both parties have agreed to do the details included in their agreement, it is not easy to change or alter it.
Termination Of Employment Agreement
Also, through the agreement, higher executives may protect intellectual property, since workers are prohibited from disclosing any private information.
Meanwhile, employment agreement must not be discriminatory in a way. The gender, race, religion, age and national origin or color must not be a basis when drafting the terms and conditions of the contract. It must be fair to all employees so that they can perform their duties well. It must also provide equal benefits to all workers.
The Employment Contract
An employment contract is consists of the following:
1.The agreement to employ and be employed. This contains the agreement between the employer and the employee.
2.Description and explanation of employee's duties. Here, the position and the duties of the employee are stated, including the performing of any service that the employer will assign.
3.Manner of performance of employee's duties. An employer must be faithful to his work. He/ she must be industrious enough to exert his/her best performance, skill, talent and experience in a way that will satisfy his/her employer.
4.Length and duration of employment. This includes the term of the employment: the years an employee will render his/her service to the company, and date of termination or the end of his service.
5.Payment and reimbursement. The amount of payment or the wage that will be given to the employee is cited here. Also included in this section is the reimbursement of employer to any necessary expenses that the employee will incur while traveling, etc.
6.Employee's loyalty to the employer and devotion to work. An employee should devote his time, knowledge, skill and attention only to the company he/she is working and to his/ her employer. The employee will also be entitled to all benefits and profits. However, he/ she must not be interested in other businesses and must be loyal to his/ her company.
7.Confidentiality agreement relating to business. An employee will not be allowed to disclose, divulge or communicate to any person, firm or company in any manner. Any information, issues concerning the company and employer, manner of operation, processes and plans should be confidential and important. Thus, when an employee violated this section it means he/she simply violated the agreement.
8.Availability of the option to terminate employment in case of permanent disability. Here, the employee has the option to terminate the contract in the event the employee became ?permanently disabled.? Employer must therefore give prior notice to the employee through registered mail.
9.Closure of business will result to termination of employment. In the event that the employee will discontinue his work or service to the company for the abovementioned reason, this agreement will end and terminate as of the given date.
10.Employee's commitments binding on employer only on written consent. The employee has no right to make any commitments or contracts on behalf of his/ her employer without any written consent.
11.Restricted contract terms. The contract contains the entire agreement and it must be exclusive to the employer and the employee.
12.The modification or waiver must be considered effective only if it is on writing. No contract will be valid unless it is written and executed by the in-charged party. Moreover, no evidence or any waiver shall be provided in any proceeding or litigation unless it is in writing.
13. Legally sound contract. The agreement must also contain this section stating that it is in accordance with the laws of the state (citing your state).
Both Jan Camille Canivel & Darren Agaton are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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