Employment Agreement

During employment, yes. After employment ends, courts consistently refuse post-termination non-competes under Section 27 of the Contract Act. The enforceable toolkit is: confidentiality, non-solicitation of clients/employees, IP assignment and notice/garden-leave — which is exactly how we draft.

Commonly 30–90 days based on seniority; it must be mutual to be fair and check your state's S&E Act minimums. Buyout (salary in lieu) and garden-leave options give the company flexibility — both are built into our drafts.

With a proper assignment clause, the company owns all work product — code, designs, inventions, content — created in the course of employment. Without express assignment, gaps exist (especially for patents and moonlighted work). Our clause covers creation, disclosure and assistance with registrations.

Duration (typically 3–6 months), evaluation and confirmation mechanics, shorter notice during probation, and extension rights. Silent or vague probation clauses are a common source of wrongful-termination claims.

Bonds are enforceable only to recover genuine training costs actually incurred — not as a penalty to trap employees. Courts have upheld reasonable, documented amounts. We draft bonds that survive scrutiny when you truly invest in training.

Control, exclusivity, fixed hours and integration into the team indicate employment (PF/ESI/gratuity obligations follow). Independent deliverable-based work suits a consultancy agreement. Mislabelling employees as consultants creates statutory liability — we advise the right structure.

The core is the same, but remote terms matter: work location and applicable state law, equipment and expense policy, data security obligations and availability windows. We include a remote-work schedule where relevant.

Material changes need employee consent — typically via a fresh agreement or addendum at increment/promotion time. We provide a migration plan so upgraded contracts roll out smoothly without triggering disputes.