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Sunny (Personal)     22 October 2014

Need advice regarding a clause mentioned in contract

I have received an offer from South Africa to work in a company for 1 yr as an contractual employee. Company has asked me that I have to sign a contract if I am interested in accepting this offer. By going through contract, I have come across a clause which may look a bit risky. Therefore, please help me understand the pros & cons of this clause & also suggest as to  how safe it is to sign the contract with this clause.

Clause is attached with the message.

 



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 3 Replies

G. Y. Sharma (Advocate)     22 October 2014

Dear Mr. Sunny,

you need not hesitate to sign the contract since you have already prepared mentally to work in South Africa. If the emoluments are attractive enough to give you the desired satisfaction, there is no wrong with the terms of the company requiring you to sign the contract containing the given terms and conditions.

The attached portion of the contract relates to the address that has to be furnished to the company while joining the service as its employee. It is with a view to keep you in notice that all further correspondence such as the letters, documents, summons and notices etc.,  will be sent to the said address and you will be subjected to the jurisdiction covered by the said address for all purposes including the termination of your contract with the company. This type of clause is generally seen in India as well which deals with the Jurisdiction to proceed legally in the event of any dispute.

You can go ahead and wish you all the best.

Regards,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

T. Kalaiselvan, Advocate (Advocate)     22 October 2014

There is nothing wrong or illegal in the clause cited in the attached mail.  You may go ahead with signing of the employment if other conditions are satisfactory.

Sunny (Personal)     24 October 2014

Thanks Mr. Sharma & Mr. Kalaiselvan for your valuable inputs........


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