Employment Terms: Can Employers Set Any Conditions in Appointment Letters?

Can an employer put any conditions in the appointment letter? Are there any legal limitations on it? I'm waiting for your replies.

Regards,
Mukesh

The terms and conditions cannot be restrictive or a restraint of trade, opposed to public policy, or contrary to the constitutional provisions relating to a citizen's fundamental rights.

Regards,
B. Saikumar
Mumbai

What you said is correct. However, those are general principles of a contract. My queries are as follows:

1. When are model employee standing orders binding?
2. If an organization has a few employees, can employees be hired and fired at will, or under terms that the employer decides? (Please consider that the employee is not a workman under the ID Act)

Regards,
Mukesh Suman

If your establishment is covered by the Industrial Employment Standing Orders Act 1946, the model standing orders are binding on you until you establish your own certified standing orders.

Secondly, irrespective of the number of employees in an establishment, your hiring and firing are subject to those general principles stated by me, which are incorporated in specific Acts. For example, you cannot terminate a workman at will without paying him retrenchment compensation as laid down under the Industrial Disputes Act.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai