Advjameel
Legal Advisor
+3 Others

Thread Started by #meghal_shah2000

Dear all

I would like to have clarification on
  1. Are any agreement / bond legal in the eyes of law.
  2. If so, under which law?
  3. If a contract states that an employee is on contractual basis only for 2years and that the contract is renewable after 2years, but employee will be purely a temporary employee, are such condition legal?
  4. Again under this agreement if it is written that employee can only leave after giving 2 months notice. Is such condition legal, as on one side the contract states that the employee is on contractual basis only and temporary employment?
  5. If against such agreement, company asks for undated cheque amounting 2 months salary and states in the agreement that such cheque will be deposited if any of the condition in the stated agreement is not fullfiled. would like to have a legal opinion on this condition?
  6. If a company is permitted towards such kind of agreement, then company can easily walk out by not paying gratuity to the deserving employees.
  7. What are the legal implications bonds / agreement?
  8. how far employees or labour are safeguarded under such bond or agreement?
  9. Certain companies even ask for pay oder deposit which will be released back with 5% interest after 1 year. no deposit slips are given towards it.
I tried to refer the labour law for the above said questions, but couldnt found suitable answere to it. I request you all to help me on this questions.

Meghal
2nd July 2008 From India, Mumbai
Answers; (1). Yes agreements are under the law---eg.Labour contract agreement under the contract atc. duration preferably 11 months.(2) all workers under the contract are casual or contract workers and bound to obey comp.'s rules and regulations and also rights to enjoy some of the recreation activities under the org.and They should not complete 240 days in a year and required to give break....While temporary employee is like Trainee for the duration of 6months, or 1 year. (3)Trainee and those who are directly employed by org. on contract basis, required to complete decided Notice period mentioned in the organisation's letter which was issued to him/her at the time of employment. And if leave before Notice period, org. is liable to deduct salary for the left days of Notice..(4) Grautity is payable only after completion of 5years. under the Gratuity Act. Above all.... contract labourers fall under the Contrat Act and rules and bonds to be followed by them mentioned into the Agreements between comp. and contractor otherwise. rules and regulations of the company incase if you get confussed.
2nd July 2008 From India, Ahmadabad
dear All,
All agreements are governed by contract law. For an agreement to be valid and binding and to be enforceable in court of law it should not be
1. opposed to the public policy .
2. contrary to the law of the land.
and if the agreement also fulfill the criterion of capacity of the parties and is with free consent of the parties and is for consideration, a contract is said to be legal.
if we review any agreement or bond , it is to be read with these principle in mind.
if agreement is contrary to the law or regulations in force, then it is invlaid. if you read the bond or agreement in question in line with these and interpret them in such way, it will bring about the solutions that your are seeking .
Mohamed jameel
3rd July 2008 From United Arab Emirates, Dubai
  1. Are any agreement / bond legal in the eyes of law.
Yes, if fulfils certain conditions as per contract Act.

2.If so, under which law?
Indian Contract Act.1972
3.If a contract states that an employee is on contractual basis only for 2years and that the contract is renewable after 2years, but employee will be purely a temporary employee, are such condition legal?
Call on My Cell 9867140034 for this.

3. Again under this agreement if it is written that employee can only leave after giving 2 months notice. Is such condition legal, as on one side the contract states that the employee is on contractual basis only and temporary employment?

Yes.

4. If against such agreement, company asks for undated cheque amounting 2 months salary and states in the agreement that such cheque will be deposited if any of the condition in the stated agreement is not fullfiled. would like to have a legal opinion on this condition?

Dont do this, If employee repudiate contract go to civil courrt to enforce specific performance or damages, mention clause of liquidated damages in contract or bond.

5. If a company is permitted towards such kind of agreement, then company can easily walk out by not paying gratuity to the deserving employees.

You cant, gratuity can be forfeited only on conditions mentioed in gratuity act. IF you are taking person 2 yrs contract, there will be no issue of gratuity.

6. What are the legal implications bonds / agreement?

Great Significance, implication you will understand when you will be taken to court of law.

7.how far employees or labour are safeguarded under such bond or agreement?

Not clear.
  1. Certain companies even ask for pay oder deposit which will be released back with 5% interest after 1 year. no deposit slips are given towards it.
OYu have check for whom this arrangement is made for senior position or laboures, or class IV staff.
In senior levels it can be done.

Regards

Anirban
9867140034
3rd July 2008 From India, Mumbai
here is an article in respect of this topic
22nd July 2008 From India, Mumbai

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File Type: doc Non-Competition Agreements May Not Hold Up In Court.doc (33.0 KB, 244 views)

1.All Agreement/Bond are not legal in the eye of law.It may be void depending upon the conditions stipulated over it.
2.The nature of contract/agreement reflect the law under which it governs.Firstly, contract law.
3.Its illegal. Though, the parties agreed to the contract for terms,Whereas, a person continue to work more than 365 days are entitle for permenant employment. If he voluntary acept for a contract of 2 yrs nothing can be done.Its a common practice .
4.It is valid as both were aceptable.
5.Its a wrong practice of holding Instruments.( no bonded labor is allowed )
6.Company has to do the compliances
7.Employment contract between the Employer & employee is permisible depending upon the fairly law full convenents.
8.Bonded labor is band.
9. Its a wrong practice.
4th November 2009 From India, Bangalore
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