Employers must keep records of the following items of each employee:
Employers should keep these records for two years for current employees and further one year following an employee's departure.
Employers must document the employee's shortcomings and address them during performance reviews before dismissing them based on performance. In case of misconduct, employers must carry out a formal inquiry, issue a formal warning or disciplinary action before proceeding with the termination.
Employers are only allowed to make deductions from employee's salary for the following reasons:
Employers may deduct payments to registered co-operative societies, for subscriptions and entrance fees from employee's salary, only if they have the employee's written consent, which can be withdrawn at any time. For any other fixed deductions, details must be included in the contract.
An employer owns all IP rights that its employees create in their employment, including the creation of literary, dramatic, musical or artistic work, unless agreed otherwise.
Including express provisions to IP rights in the employment contract is highly advisable.
Many companies offer training time, including tech workshops, paid conferences, professional training allowance and subscriptions for employees to stay up to date and progress in their career.
It is generally permissible to restrict an employee's activities during employment. However, clauses curtailing an employee's actions after the employment ends are unenforceable unless the employer proves the following three criteria:
In general, a restriction on not soliciting customers is easier to enforce than one against joining a competitor. Restrictive covenants should be drafted very carefully.
Non-competition restrictions are appropriate only for:
There are no specific statutory requirements for an employer to continue paying a former employee subject to post-employment restrictive covenants.