Contract
Sowmya
(Querist) 04 July 2014
This query is : Resolved
Dear All,
The following doubts are haunting me from quiet sometime. So just thought to get the doubts cleared:
1. I would like to know if the Contract with Employers are legal in India or not.
These days even a small concern for a lower and middle posts wants the one joins their team to sign a contract. In case, if the contract is broken prior to the expiry date by informing the authorities, huge amount of penalty (mostly in the form of amount) is charged from the Employee.
The employee who has signed the contract goes through the maximum torture from the Employers, and the one who has joined wnats to leave the company as soon as the contract is done.
Its a situation where they can neither live nor die.
2. There are also Organizations, who wants the one join them to submit their Originals.
Please let me know if the above are legal in India
Thanking you
Sowmya
J K Agrawal
(Expert) 04 July 2014
One can insist to enter into an agreement in writing and specially if it is a service contract, a written contract is favorable to both parties. As per law a contract may be oral or written.
There is no compulsion to deposit original documents with the employer in any law.
Dr J C Vashista
(Expert) 05 July 2014
Imaginary and hypothetical academic query.
Employee has to sign the (service) Contract with Employer.
It is very much legal not only in India but worldwide.
P. Venu
(Expert) 05 July 2014
May be academic, there is much substance. It is blindly obvious that in our country contracts, in employments and other fields, are deficient in informed consent. This is a basic flaw in rule of law.
Guest
(Expert) 05 July 2014
Dear Sowmya,
In fact, every employment is a contract between the employer and employee. What you say is a written agreement between the employer and employee to make the terms of employment more specific or clear.
About flaws, any agreement cannot be perfect in all respects. One or the other flaws can be noticed in each agreement.
The only thing is that the employee need be very cautious in signing the agreement, the clauses of which are illegal, void or arbitrary.
T. Kalaiselvan, Advocate
(Expert) 06 July 2014
Though the query appears academic in nature, the intention of the author can be understood, as it seems that there had been personal bitter experience on such issues. I go with the opinions expressed by expert Mr. Dhingra on the subject query.
Sowmya
(Querist) 06 July 2014
Dear All,
Thanking you all for your replies :)
Regards
Sowmya
