Drafting a Employment Agreement
An Employment Agreement governs the employment of a person with a firm, and contains, among others, clauses on:
- Details of the employer and the employee.
- The position of the employee and the joining date.
- The job requirements and the remuneration payable.
- Representations and warranties from the employer.
- Representations and warranties from the employee, on the qualifications and suitability to the job and performance.
- The policies applicable to the employee, such as the leave policy, dress-code policies, etc.
- Non-compete and non-solicit, accompanied by a clause that lends credibility to the efforts and resources by the employer to train the employee to justify a reasonable duration non-compete.
- Assignment of intellectual property for work performed during the course of employment.
- Rights available to the parties for breach of any clause of the agreement.
- Term and termination.
- Dispute resolution.
- Governing law of the agreement and governing law of the dispute resolution clause.
- Other general terms such as sever-ability, waiver, survival of clauses, etc.
Do you need it?
Are you employing any people? What do you do if the employee shares your confidential information to your competitor? What do you do when your employee uses office time to develop some new technology that rivals your business? What do you do when your employee resigns to join a competitor, or opens up a competing business and actively instigates your other employees to leave? Protect yourself. Get an employment agreement drafted.
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