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India: Contracts of employment

Updating author: Trilegal

Original author: Kochhar & Co

Summary

  • The form and content of employment contracts are subject to little statutory regulation (although the agreed terms must comply with applicable employment legislation), and there is generally no legal requirement that employment contracts must be in writing. (See General)
  • In practice, employers generally provide a written employment contract or letter of offer or appointment, at or before the start of the employment. (See General)
  • Probationary periods are subject to specific statutory regulation only in the case of establishments that are required to have in place "standing orders", setting out certain conditions of employment applicable to employees defined as "workmen". (See Probationary periods)
  • The applicability of employment legislation in many fields depends on the category of employee involved, with the main distinction being between employees defined as "workmen" and other employees. Various statutory rights and protections apply only to workmen, while in other areas workmen have enhanced entitlements and protections. (See Types of employee)
  • Employment contracts may be open ended or for a fixed term. (See Types of contract)
  • Employers are not generally required to provide employees with written details of their terms and conditions of employment, although in shops and commercial establishments in certain states employers must issue a written appointment letter to new employees. (See Written statement of terms of employment)
  • Any amendment to the employment contract must generally be agreed by the employer and employee. (See Variation of contract)