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contract with employee

(Querist) 11 November 2010 This query is : Resolved 
Dear team

I have one query:
If employer is providing financial assistance to its employee for any higher education by entering into a simple agreement on white paper. The terms of the agreement would be "during the study of such course if employee leave the organization he has to pay back to the company" and other simple terms.

query is: whether this simple paper agreement is enforceable under the courts of law. If not enforceable under the law then if we enter into an agreement on 100 rupees stamp paper in that case whether that agreement between employee and employer is enforceable

Please reply to my query. Thank you for your help

Regards
Prabhakar
aman kumar (Expert) 11 November 2010
agreement is not a contract !but court can give decree for enforcement!
Devajyoti Barman (Expert) 11 November 2010
The agreement of deficit stamp paper does not make the agreement void. If the value of the stamp paper is found to be written on the deficit stamp them the person relying on it can file the deficit stamp n the court to get the same admissible in evidence.
prabhakar (Querist) 12 November 2010
Thank you professionals. In continuation to my query - if employee leaves the organization during the tenure of the agreement - Wheter employer can sue employee for recovery of financial assistance provided for eduction if employee fails to pay back the amount received from organization?

Please clarify..Thank you

Regards
Prabhakar
Khaleel Ahmed Mohammed (Expert) 17 November 2010
well advised.


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