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Employment

Employment Contracts: What Every Business Must Include

14 February 20256 min readBy Advocate Tanmay Jadhav

A strong employment contract protects both employer and employee. Here are the clauses that matter and the mistakes that create disputes.

An employment contract is far more than a formality. It defines the relationship, sets expectations and provides the framework for resolving disputes. A well-drafted contract protects the business and gives employees clarity and confidence.

Core Clauses to Include

  • Role, reporting structure and place of work.
  • Remuneration, benefits and review mechanisms.
  • Working hours, leave and notice periods.
  • Confidentiality and protection of business information.
  • Intellectual property assignment for work created.
  • Termination grounds and process.

Restrictive Covenants: Handle With Care

Non-compete and non-solicitation clauses must be drafted carefully. Indian courts scrutinise post-employment restrictions closely, and overbroad clauses may be unenforceable. Reasonable, well-tailored restrictions stand a far better chance of protecting your interests.

Compliance and Policies

Contracts should sit within a compliant framework of workplace policies — including anti-harassment (POSH), leave and conduct policies. Compliance is not only a legal obligation but a foundation of a healthy workplace.

Clarity in the contract is kindness to the relationship.

Advocate Tanmay Jadhav, Founder

Common Mistakes

  • Using a generic template without tailoring it to the role and business.
  • Omitting IP assignment, leaving ownership of work ambiguous.
  • Drafting unenforceable, overbroad restrictive covenants.
  • Failing to keep contracts updated as the law and business evolve.
EmploymentContractsHRCompliance

Advocate Tanmay Jadhav

Founder | Advocate, Bombay High Court

Karmanya Legal Associates

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