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This Remote Employment Agreement i.e. terms and conditions of remote employment is a contract for use when a business hires a new employee to work remotely or when a current employee is being transferred by their employer from on-site to remote employment. It can be used for a range of different employment types, including full-time, part-time and fixed-term. This Agreement can be used by any type of entity including a company, LLP, Partnership, etc.
In many cases, once an employer chooses to take on a new employee, the parties want to get started without delay. Therefore, the employer may wish to provide the employee with a letter that spells out some of the key terms more briefly. Employers may wish to use an Offer Letter for Employment in these situations and then follow it up with this Remote Work Agreement.
However, this Remote Work Agreement goes into more detail about the various terms of remote employment and provides a more robust document so that both the employer and the employee fully understand what is expected of one another, and how the employment arrangement may develop over time (for example, by providing details of bonuses and pay increases).
This Remote Work Agreement is not suitable for use by contractors. Instead, contractors should use the Service Agreement. Contractors are entities or persons who provide specific services for a specific time or on a condition including people or entities engaged in the business of building and construction, and electrical work as well as coaching, personal training, consulting and professional services. The Consultancy Agreement can be used when availing the services of the Consultant or independent contractor by an individual or a business entity. For more information on the difference between these two agreements, please check our guide: What is the difference between an Employee and an Independent Contractor?
A Remote Work Policy is different from that of a Remote Work Agreement. A Remote Work Agreement is custom-made for each employee and is entered into between an employee and the organization. On the other hand, a Remote Work Policy is created for the organization and will be applicable to all employees working remotely. Having a properly drafted Remote Work Policy will help the employer to guide their employees and avoid any disputes in the future.
How to use this document?
This Policy covers the following major areas:
The Remote Work Agreement should be printed on non-judicial stamp paper and then both the employer and the employee will need to sign the document and keep a copy for their own records.
This Agreement can also be Notarized by a public notary for more authenticity and recording of the date and time of the execution of the Agreement.
Employment may be subject to the rules and regulations of the applicable Shops and Establishments Acts of each state or Factories Act, 1948 depending on the nature of the activity carried out by the employer. Each state in India has its own Shops and Establishments Act which lays down certain terms regarding working hours, overtime, notice period etc.
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