Indemnity: A Paradoxical Puzzle in Indian Labor Contracts

  • Diya Khetrapal
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  • Diya Khetrapal

    Student at O.P. Jindal Global University, Haryana, India

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Abstract

An indemnity clause is an essential aspect of any contract, but it is undoubtedly the most important clause in a labour and employment contract. A well-drafted contract will always have an indemnity clause. In labour and employment contracts, an indemnity clause can often be one-sided, if it is present at all. Labour contracts are a rare sight, and in their occurrence, they are generally Labour-centric, even though not implemented very well. Employment contracts are a must, and so are the indemnity clauses present in them. However, they are extremely employee-centric. Therefore, in this research paper, I will first explain what the terms, indemnity, labour, and employee mean. I will go on to analyze the concept of indemnity, followed by analyzing the implementation of indemnity in labour disputes and employment bonds. Lastly, I will unravel the complexities of indemnity clauses in labour disputes and employment contracts, before giving my recommendations and opinions.

Keywords

  • Indemnity
  • Labour disputes
  • employment contracts
  • indemnity clauses
  • employment bond

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 642 - 650

DOI: https://doij.org/10.10000/IJLMH.118273

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

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