Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Neeraj Bharadwaj (HR/ Legal Head)     07 August 2008

Employment Agreement

Dear All,

I want to seek advise whether an employment agreement should be on a plain paper or Stamp Paper or Notarised as a Document?? Which is more enforceable in eyes of law?

I am aware of the Contract Act provisions where even a verbal contract is enforceable in law.

Pl advise

Regards

Neeraj Bharadawj



Learning

 5 Replies

Guest (n/a)     08 August 2008

an employment agreement can be on plain paper or stamp paper, it s depends upon the company common procedure codes

Guest (n/a)     08 August 2008

an employment agreement can be on plain paper or stamp paper, it s depends upon the company

Vikram Chandra (Advocate)     08 August 2008

Dear Neeraj,


     The Employment Agreement if it is with regard to the employment terms and conditions between the Employer and Employee then it should be generally on the official Letter-head of the Company. Further, the employer if enters into any contract with third parties other than the Employees on rolls then it is appropriate to have Agreement on Stamp Paper.


     However, both the Agreements which are either on stamp paper or on Letter-head of the Company can be enforceable in the court of law,  if any of the terms & conditions are breached by either of the parties.


regards.

Tarun Kalra LL.M, M.B.A (advocate)     09 August 2008

the employement agreement must be on a court paper and attested by notary, and signed by both the parties, as the notary attest it, notray signs parties in its register, its a proof of validity of the stamp paper and agreement, and attendence of both parties

Neeraj Bharadwaj (HR/ Legal Head)     12 August 2008

Dear Vikram,



  1. Thanx a ton for the advice.

  2. Now I want to request you to clarify difference between Non-Judicial and Judicial Stamp paper.

  3. What if an Agreement is entered into on a Non Judicial stamp paper? Is it admissible in a Court? Does it have to be only Judicial Stamp Paper for being admissible in court.

  4. Notarising a document will only make it duly witnessed by a Notary? or does it have any other significance?


Warm Regards


Neeraj


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