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.

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

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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.

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