Adv. Shubhada Joshi (LL.M.) 2024-2025, Deccan Education Society’s Shri. Navalmal Firodia Law College, Savitribai Phule Pune University
ABSTRACT
From Promises to Chains: The Unseen Evils of Employment Contract. Historically, employment contracts were simpler and often focused on basic terms such as wages, job responsibilities, and duration of employment. However, as businesses evolved employers began to seek ways to protect their interests and maximize their profits. This led to the introduction of clauses aimed at restricting employees’ rights. In present day India has various labour laws and regulations designed to protect the rights of employees, though enforcement mostly vary due to factors such as limited resources for regulatory oversight, unawareness and lengthy legal processes. Today employment contracts with evil clauses contain terms that unfairly benefit the employer while disregarding the rights and well-being of the employee and include provisions that are deemed unethical, exploitative, or illegal. These clauses might include compulsory work period, overly restrictive non-compete agreements, imposing arbitration clauses that heavily favour the employer, excessive penalties for minor infractions etc. The legal implications and provisions within the framework of existing labour laws and regulations surrounding and protecting employees from such evil clauses are commonly overlooked. While courts try best to deliver the justice in such cases, due to fear of getting blacklisted from the employment opportunities very few affected employees seek the legal solutions. Employees do feel reluctant to challenge unfair clauses in their employment contracts due to a lack of legal assistance, unawareness of laws and protective measures. Governments can enact laws to regulate and limit the use of such clauses in employment contracts and also provide resources and support for employees to understand their rights and negotiate fair employment contracts. The researcher has undertaken the topic to study the types of evil clauses in employment contract, to examine the impact on employees, to evaluate legal and ethical considerations, to provide recommendation to overcome such practice etc.
Keywords: Contract Negotiation, Corporate Responsibility, Employee Rights, Employment Contracts, Evil Clauses, Labor Laws, Workplace Fairness.
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