Theme: Labour & Employment

No, your PF account stays the same, even if you change jobs. At the time of your first job where your PF account has been opened, you are allotted a Universal Account Number (UAN) which stays the same throughout your career.

HR policy or Human Resource policies are an organization’s guidelines  to manage its employees. It provides guidance to employees and employers on how the organization functions and provides for strict rules on things you can and cannot do in the organization. For example, the HR policy will specify the manner in which you have to inform your employer that you are taking leave. Many employment contracts refer to the HR policy and not following the HR policy may lead to disputes with your employer, which in turn may result in termination.

If you decide to quit your job, inform your employer in the manner provided in your employment contract. You may either have to give a notice period or comply with any other formality as given in your employment contract.

A joining bonus is an amount of money paid to a new employee as an incentive to join that company. A joining bonus may be offered in these situations:

• When your new employer wants you to join as soon as possible, they may offer you a joining bonus to quit your old office and forgo the notice period.
• When a company, especially a start-up, wants to persuade you to join.

EPF and PPF are both long-term saving schemes offered by the government. The difference between the two is that EPF scheme is mandatory for employees working in an organisation of more than 20 people and PPF is an optional scheme available to eligible citizens.

The job offer should express the willingness by the employer to enter into a legally binding contract with you. It should not be a passing statement made by your employer, but has to be a definitive statement offering you the job. For example, if your employer says ‘I think I can hire you’, this is not indicating his willingness to hire you and this would not be a job offer.

Yes, your employer can ask you to sign a non-disclosure agreement, in situations after you leave the office. This is done to maintain the confidentiality of the work done by the employer. Indian Courts have ruled that the only post-termination restrictions that can be allowed are non-disclosure terms and non-solicitation terms.

No, employers cannot deny you the freedom and right to move to any firm if you decide to quit. Such restrictive terms in the contract are very problematic for employees and Indian courts have said that the protection of the rights of an employee seeking employment is more important than protecting the interests of the employer. If such a term is there in your contract, then you should talk to your employer. It is typically referred to as a non-compete clause. If your employer does not want to negotiate or remove such a term in your contract, then your only remedy is to go to court.

Contracts may be in written or oral form but in a scenario where there is no documentation of the offer and acceptance of the job, it may be more difficult to discover whether your employer and you have agreed and promised to honour the words spoken. This is why it is better to have an employment contract that is written and signed by your employer and you. It is also a useful proof for any proof of employment or filing of taxes.