Hi,
Is it mandatory for an employer to sign the declaration (clause 19) in the application made by an employee who is an aspirant for joining the Territorial Army? The application format is attached. Would refusal to sign/give consent to the employee joining TA result in any penalty/adverse consequences on the employer?
From India
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1Is it mandatory for an employer to sign the declaration (clause 19) in the application made by an employee who is an aspirant for joining the Territorial Army? The application format is attached. Would refusal to sign/give consent to the employee joining TA result in any penalty/adverse consequences on the employer?
From India
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Employers in India are not legally obliged to sign the declaration (clause 19) in an employee's application for joining the Territorial Army. The decision to consent or refuse to sign is at the employer's discretion. However, there are certain considerations and potential consequences to be aware of:
1. Legal Implications: Refusal to sign the declaration may not have direct legal implications unless there is a specific clause in the employment contract or company policies that address participation in organizations like the Territorial Army.
2. Employee Relations: It is essential to consider the impact on the employee-employer relationship. Refusing to sign could potentially strain relations with the employee, especially if they are passionate about joining the Territorial Army.
3. Penalties or Consequences: While there may not be direct penalties prescribed by law for the employer, it is crucial to assess any indirect consequences. These could include decreased morale among employees, negative employer branding, or potential legal challenges if the refusal is perceived as discriminatory.
4. Communication: If an employer decides not to sign, clear communication is key. The reasons for the decision should be communicated sensitively and transparently to the employee to avoid misunderstandings or resentment.
5. Seek Legal Advice: If uncertain about the legal implications or company-specific policies, it is advisable to seek legal counsel to ensure compliance with relevant laws and regulations.
In conclusion, while there is no strict legal mandate for employers to sign the declaration for an employee joining the Territorial Army, careful consideration of the potential implications and open communication with the employee are essential to handling the situation effectively.
From India, Gurugram
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1. Legal Implications: Refusal to sign the declaration may not have direct legal implications unless there is a specific clause in the employment contract or company policies that address participation in organizations like the Territorial Army.
2. Employee Relations: It is essential to consider the impact on the employee-employer relationship. Refusing to sign could potentially strain relations with the employee, especially if they are passionate about joining the Territorial Army.
3. Penalties or Consequences: While there may not be direct penalties prescribed by law for the employer, it is crucial to assess any indirect consequences. These could include decreased morale among employees, negative employer branding, or potential legal challenges if the refusal is perceived as discriminatory.
4. Communication: If an employer decides not to sign, clear communication is key. The reasons for the decision should be communicated sensitively and transparently to the employee to avoid misunderstandings or resentment.
5. Seek Legal Advice: If uncertain about the legal implications or company-specific policies, it is advisable to seek legal counsel to ensure compliance with relevant laws and regulations.
In conclusion, while there is no strict legal mandate for employers to sign the declaration for an employee joining the Territorial Army, careful consideration of the potential implications and open communication with the employee are essential to handling the situation effectively.
From India, Gurugram
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