Author: Rose, Bharati Vidyapeeth University, New Law College, Pune
Abstract
The article includes the mere concept of certain employee related contracts i.e. Employment Contracts and also regulates about the Confidentiality terms under the online basis. Employment Contracts are the agreements of heir which are being regulated between the employee and the employer of an organization or an entity. The Confidentiality regulates the restriction on the access of the information- Organizational, Personal, Official etc. every aspect should be regulated accordingly under the name of the confidentiality clause on both offline or online platforms. This article studies the effectiveness and importance of the Employment contracts as well as its different types and laws which regulate the employment in India. Under the heading of Confidentiality clause, this article lays down its prominent points on the legal provisions related to the confidentiality online along with the necessity to secure the confidentiality at online level.
Keywords- Employee, Employment Contracts, Confidentiality, Online, Agreements, Employer, Organization, Clause, Personal, Official, Laws etc.
Introduction
In the era of modern law, contracts are the vital part of all organizations and companies as it regulates the prominent working and functioning of every entity which are been elongated as the most important segment of the working of all organizations- ‘Employment Contracts’ are the one of the most important segments which is a need in the modern era of the working of the companies. An employment contract can be verbal or written, but written contracts are more common and offer more clarity.
‘Confidentiality’, being the most important clause under every aspect is also regulated under the Employment contracts as well as other working contracts and agreements. For both employers and employees, an employment contract and a confidentiality agreement, which is frequently included in the employment contracts are essential, particularly when handling sensitive company data.
What are Contracts of Employment?
A hiring agreement between an employer and employee is known as an employment contract. Although they may also be discussed orally, the terms and conditions of their employment are typically described in a written document. For instance, it can:
Clearly state the duties outlined in the job description.
Clearly state each party’s rights.
Improve the worker’s job security
Safeguard firm data, such as trade secrets and unique methods.
Employment Contracts act as a medium of proper terms and conditions exchange which is regulated under the working of every company and organizations present.
‘Employment Contracts’ in India
An employment contract is a legally enforceable agreement between an employer and employee that outlines the terms and conditions of employment in India. It ensures clarity and reduces the likelihood of disputes by outlining each party’s rights and responsibilities. Although verbal agreements are still binding, written contracts are recommended for clarity and enforcement. In essence, it is a contract outlining expectations for both parties for the term of their employment.
Why Employment Contracts are Important in India?
Employment contracts are required in order to create a safe, fair, and open working relationship. Since employment contracts are a crucial aspect that is governed appropriately, they are heavily regulated under every company’s operation and prominent functions. Employment contracts fulfill a number of important functions:
They give both the employer and the employee openness and clarity regarding the position, duties, and expectations.
They help protect the interests of both parties and ensure that everyone is on the same page.
By clearly defining the terms of the job relationship, future misunderstandings or conflicts can be prevented.
They provide a reference point for resolving any issues that may arise during work.
Types of Employments Contracts
Each of these contract kinds has a unique purpose, offers advantages to the parties involved, and functions as an effective means of business communication. The types are as mentioned;
Permanent Employment Contracts
The most prevalent kind of employment contract is a permanent one, which is used for workers who are employed continuously with no end date in sight.
Fixed-Term Contracts
Fixed-term contracts are used for workers who are employed for a set amount of time, like a one-year or six-month contract. Their start and finish dates are mentioned under the agreements.
Casual Employment Contracts
This kind of work contract combines permanent and fixed-term agreements.
In that there is a specified date for the work or agreement termination, it is comparable to a fixed-term contract. In the sense that employees joining under it have set working hours, it is comparable to a permanent contract.
Zero-hours contracts
In these agreements, the employee is only compensated for the hours they work, and the employer makes no promises regarding the number of hours they will work each week.
Laws governing the Employment Sector in India
The Indian government has established a set of rules that govern and regulate every aspect of employment in order to maintain a legal working environment for both employers and employees. The following are these laws:
The Payment of Wages Act, 1932
The Trade Unions Act, 1926
The Minimum Wages Act, 1948
The 1935, Bonus Payment Act
The 2017 Act to Amend the Maternity Benefit
1948’s Workers State Insurance Act
The Industrial Disputes Act, 1947
The Contract Labor Act, 1970
The Gratuity Payment Act, 1972
Other regulations are also in existence to regulate various contract kinds, as well as the rights and salaries of workers. These are required in order to boost production output and ensure the economy runs smoothly.
Confidentiality
The confidentiality, being one of the key aspects in every segment of agreement is an essential point which concerns with the privacy parts of the parties which are being regulated under the contracts. The parties enter into and agreement where the confidentiality clause, acts an important point under its name as it is necessary to maintain the clauses which are of high value and if leaked can cause an ample damage to the reputations as well as the agendas for which the agreements has been made.
Confidentiality Online
In the modern time where the whole point is about the Privacy of the individuals or the information’s in relation of all the agendas being on both offline platforms as well as on online parts, there was the time whereon the previous places where the confidentiality checks was seen on paperbacked means or on in-hand points- ‘now changed into all online based platforms.’ Everything including the working off as well as the agreements clauses are now being regulated on all online platforms as it is an essential point of the cyber space security which is being the most important segment under the Digital initiatives.
Confidentiality Online regulates the restriction on the basis of online grounds of disclosing of certain parts or clauses of the agreements which can cause extreme privacy concerns in relation of all the possible information being stated on online platforms as well as on contractual perspectives. To guarantee the privacy and security of digital data, including private and sensitive financial information, conversations, and online preferences, a variety of tactics and controls are used.
How to maintain Confidentiality?
To maintain confidentiality on the online basis, the organizations or the parties in business need to maintain an efficient use of such certain records in order to secure the data and information from the privacy concerns. There are certain ways in which the confidentiality or the restriction of access can be regulated accordingly.
The confidentiality can be regulated on the basis of two approaches which are an efficient means of data or information privacy.
Network-based Approach
Network-based Approach act as the network layer, or the network-based solutions which stops the illegal access to a system or a network.
Application-based Approach
Application-based Approach restrict unauthorized access to data at the application layer.
Other parts which are entangled with the privacy concern under the heading of the two approaches can be categorized under certain parts which are mentioned bellow;
1. Use of strong codes and passcodes which will deliberately help in safeguarding the information which is being based at online level. Using different yet complex passwords for different website or accounts can limit the chance of data theft or data leak.
2. Keen to enable two factor authentication in regulation on privacy concerns of certain accounts and websites is an essential confidentiality means an organization can amplify.
3. VPN (Virtual Private Networks), use which can, offer an additional degree of protection when utilizing public or untrusted networks by encrypting your internet traffic and concealing your IP address.
4. Encrypt the data accordingly as required as encrypting the sensitive data and information online can secure the data in an efficient manner which can not cause any problem in concern with privacy.
5. Limit the data and information use i.e. freely in online means can help in maintain the confidentiality online.
Legal Provisions regulating the Confidentiality Online
The primary goals of India’s legislation pertaining to internet confidentiality are to protect personal data and ensure that the right security precautions are taken to prevent breaches. The Information Technology Act of 2000, its implementing rules, and the soon-to-be Draft Digital Personal Data Protection Act, 2023 (DPDP Act) which comprise the legal foundation. These regulations aim to hold businesses accountable for how they handle personal data and grant individuals the right to view, amend, and control their data.
The legal provisions are as follows-
Information Technology Act, 2000
This is the primary law that regulates internet activity. In addition to requiring appropriate security procedures for managing sensitive personal information, Section 43A offers damages for carelessness.
Unauthorized disclosure of personal information acquired through a valid contract is punishable by fines and imprisonment under Section 72A of the IT Act.
Information Technology (Sensitive Personal Data or Information and Reasonable Security Practices and Procedures) Rules, 2011
These regulations, which are framed under Section 43A, specify security measures and define sensitive personal data.
Draft DPDP Act, 2023 (Digital Personal Data Protection Act)
With provisions for individual rights, cross-border data transfers, and data breach notifications, this proposed law will significantly increase privacy and data protection.
Conclusion
To conclude the article, the concept of Employment Contracts and Confidentiality Online can regulate certain census regarding the proper agreement between the parties i.e. the employee and the employer which is significantly known as employment contracts and, as well as in respect to confidentiality, all the parties in association with the contracts or agreements has a securing issue related to all the information online present which can be with regard of organization level or the personal set of information’s.
FAQs
1. What are Employment Contracts?
An employment contract is a legally binding agreement between an employer and an employee that outlines the terms and conditions of their working relationship. It details the rights and responsibilities of both parties, covering aspects like job duties, salary, benefits, work hours, and termination procedures.
2. Which legislations govern the Employment Contracts?
The Indian Contract Act, 1872, primarily governs employment contracts in India. This act lays the foundation for contractual agreements, including those related to employment.
3. What does Confidentiality regulates under a contract?
Confidentiality under contracts, often implemented through confidentiality clauses or Non-Disclosure Agreements (NDAs), primarily regulates the protection of sensitive information shared between parties involved in an agreement. It dictates what information is considered confidential, how it must be protected, and the consequences of unauthorized disclosure.
