Hi friends, Can an employer put any conditions on appointment letter? Is there any legal limitation over it? ....waiting for your replies Regards Mukesh
From India, Gurgaon
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From India, Gurgaon
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The terms of conditions cannot be restrictive or restraint of trade or opposed to public policy or the constitutional provisions relating to a citizen.s fundamental rights. B.Saikumar Mumbai
From India, Mumbai
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1931From India, Mumbai
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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
From India, Gurgaon
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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
From India, Gurgaon
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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
From India, Mumbai
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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
From India, Mumbai
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Employment terms.pdf