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61Risk
⚡ Review Carefully
Employment Contract — Karnataka
This offer letter contains 1 clause that is likely unenforceable under Indian law and 1 clause that is unfairly one-sided. The 2-year bond clause violates Section 27 of the Indian Contract Act. Review before signing.
1
Red Flags
1
Negotiate
2
OK Clauses
Applicable Laws
Indian Contract Act 1872, Section 27Indian Contract Act 1872, Section 74Employees' Provident Funds Act 1952Karnataka Shops and Commercial Establishments Act 1961
Clause-by-Clause Breakdown
Service Bond — 2 Year Lock-in
Illegal
The Employee agrees to serve the Company for a minimum period of 2 (two) years from the date of joining. In the event of resignation or termination before completion of this period, the Employee shall pay a sum of ₹2,00,000 (Two Lakhs) as liquidated damages towards training and recruitment costs incurred by the Company.
This is a service bond — you're being asked to pay ₹2 lakhs if you leave before 2 years. Under Section 27 of the Indian Contract Act 1872, any agreement in restraint of trade is void. Indian courts have consistently held that service bonds are unenforceable unless the employer can prove they spent a specific, verifiable amount on specialised training (not general onboarding or orientation). A flat ₹2L penalty with no proof of actual training cost will not hold up in court.
💡You can sign this and still leave — this clause is very likely unenforceable. However, if you want to be safe, ask HR to either remove the bond clause or reduce it to actual verifiable training costs only. If they insist, get written proof of what training costs ₹2L.
Notice Period — One-sided
Negotiate
The Employee shall provide 90 (ninety) calendar days written notice prior to resignation. The Company may terminate the Employee's services with 30 (thirty) calendar days notice or payment in lieu thereof at the Company's discretion.
You need to give 3 months notice to resign, but the company only needs to give you 1 month (or pay you 1 month salary instead). This is a one-sided clause — notice periods should be equal for both parties. Under the Karnataka Shops and Commercial Establishments Act 1961, the notice period should be reasonable and equitable. Indian labour courts have frowned upon grossly unequal notice periods as they restrict employee mobility.
💡Ask for equal notice periods — either 60 days for both parties, or 90 days for both with payment in lieu option for both sides. If they won't budge on 90 days for you, at least get the company's notice period raised to 60 days.
Provident Fund Deduction
Standard
The Company shall deduct the Employee's contribution towards the Employees' Provident Fund at the rate of 12% of Basic Salary as per the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The Company shall make a matching contribution of 12% of Basic Salary.
Standard PF deduction — both you and the company contribute 12% of your basic salary. This is mandatory under the EPF Act 1952 for establishments with 20+ employees. The matching employer contribution is a benefit to you — it's essentially extra savings. This is completely standard and legal.
💡No changes needed. This is a statutory requirement and the clause is properly worded. Just verify that your basic salary component is reasonable (typically 40-50% of CTC) — some companies keep basic very low to reduce PF contributions, which hurts your long-term savings.
Confidentiality & NDA
Standard
The Employee shall not disclose any Confidential Information of the Company during or after the term of employment. Confidential Information includes but is not limited to client lists, source code, business strategies, and financial data. This obligation shall survive for a period of 2 years after termination of employment.
This is a standard NDA clause — you can't share company secrets during or for 2 years after leaving. Unlike non-compete clauses (which are void in India under Section 27), confidentiality agreements are enforceable because they protect legitimate business interests without preventing you from working. The 2-year duration and scope are reasonable.
💡This clause is standard and fair. No changes needed. Just make sure 'Confidential Information' doesn't include general industry knowledge or skills you develop on the job — those belong to you.
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