n4neeharika
Hi All,
I am working for a mid size organization as a HR Manager. We have been receiving the service agreements from the company advocate for the last 2 years. Now, we are thinking of printing it ourselves as it is the same text and all that is needed is a Govt. Stamp Paper to be bought.
However, I am not very sure if this does not invite any legal complications.
It would be great if someone can please help me with the following:
  1. Does the service agreement need the signature of the company advocate for it to be valid?
  2. If not, what are the factors that need to be considered if it has to be legally valid?
  3. What is the minimum cost of the Stamp Paper that needs to be used in Andhara Pradesh for the Employee Service Agreement?
Thank you all in advance.

From India, Indore
Madhu.T.K
4246

You can not print the agreement in stamp paper in advance. How is it possible?
Inorder to make a document legally valid, it should be signed by the company's Directors or owners of the establishment and not by an advocate who is only a consultant to draft a document.
Now, what is the meaning of preparing a service agreement in stamp paper when an appointment letter in the company letter head is sufficient to make a binding contract? Moreover, an agreement restraining an employee from leaving within a specified time or joining a competitor or such negative covenants are illegal and not maintainable.
Regards,
Madhu.T.K

From India, Kannur
Arun Kumar Maitra
58

An Agreement is not admissible in evidence unless it is executed on a proper stamp paper.Anything written in company's letter duly signed by the authorised signatory may be good as a supporting document for the purpose of evidence.
From India, Delhi
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