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One of the most significant things that you can do to ensure your rights are not violated before you commence a new job is to review your work contract. With a legal employment contract, you clearly understand your job position, salary, benefits, working hours, and the circumstances of termination, but within the limits of labor laws. A lot of employees enter into contracts without even knowing what the contracts will entail, and this may cause future conflicts. The best way to have your contract legal and fair is to make sure that it has the necessary contents, that it is in line with the employment laws, and that it has reasonable terms. Here we have a detailed guide on how to assess whether your work contract is legal or not.
Most Important Checks in a Legal Work Contract.
Valid Legal Elements:
A contract can only be considered to be legally binding when it shares the basic elements of having an offer, acceptance, consideration (payment or benefit), and the ability of the two parties involved to be legally bound by the contract.
Signatures:
The contract has to be signed by you and your employer. Verbal contracts that are not signed are not always enforceable. Make sure that you have a copy that you can keep, as well as one that both parties have signed.
Compensation and Benefits:
Salary, bonuses, incentives, and benefits (paid leave or health insurance) should be well-specified. Ensure that the minimum wage laws are met, as well as the domestic labor laws.
Job Description:
The job description, work, and reporting lines in your contract must be laid out well. Poor clarity in job descriptions or the job descriptions being too general will ultimately result in role conflicts.
Working Hours:
It will be pointing to the regular working time, overtime policy, as well as flexibility in working time. Ensure that the working time is within the regional boundaries of work and the rest time.
Termination Clauses:
Find definite data on the notice period, termination causes, and severance policies. Do not sign any contract where the employer has the right to terminate employment at their will without any reasonable notice, other than in cases where it is the custom of the local law.
Leave Policies:
The contract should offer your leave rights on an annual basis, sick leaves, and your right to any public holidays. Make sure that they are in tandem with the labor laws.
Confidentiality/ Non-compete:
These regulations must be reasonable in terms and extent. Where a non-compete clause is provided, otherwise you may not work in your industry as long as you are single, the services of an attorney are sought to determine whether it is reasonable.
Compliance with Labor Laws:
Your agreement is not meant to conflict with the minimum wage, anti-discrimination laws, or occupational safety laws. It does not suffice for any provision that is contrary to the national or state labor standards.
Dispute Resolution:
Make sure the contract gives information on the dispute resolution methods that will be followed, whether mediation, arbitration, or court, in what jurisdiction.
Intellectual Property rights (IP):
Check out the IP ownership provision in case you make content, design, or inventions as part of your work. There are even companies that do not terminate the work carried out during employment.
How to act in case they have concerns
- Request a copy: You are entitled by law to obtain a copy of your contract, sign it, and utilize it.
- Request the HR Manager/ employer: Do not be shy to ask the HR or your employer to clarify terms that you do not understand before signing them.
- Obtaining Legal Advice: Should any of the terms seem unfair or even legally questionable, it is better to enlist the services of a professional in employment law.
