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
From India, Gurgaon
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
1899From India, Mumbai
Dear Sir,
What u said are right. But they are general principles of contract. My queries are following
1. when model employee standing orders are binding?
2. if an organisation has few employees, can employees be hired and fired at will or such terms which employer decides. (for this cosider employee is not a workman under ID Act)
Regards,
Mukesh Suman
From India, Gurgaon
What u said are right. But they are general principles of contract. My queries are following
1. when model employee standing orders are binding?
2. if an organisation has few employees, can employees be hired and fired at will or such terms which employer decides. (for this cosider employee is not a workman under ID Act)
Regards,
Mukesh Suman
From India, Gurgaon
Mr.Mukesh
if your establishment is covered by Industrial emloyment standing orders Act 1946, the model standing orders are binding on you, till you makee your own certified standing orders.
Secondly,irrespective of the number of employees in an establishment, your hiing and firing is 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.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
if your establishment is covered by Industrial emloyment standing orders Act 1946, the model standing orders are binding on you, till you makee your own certified standing orders.
Secondly,irrespective of the number of employees in an establishment, your hiing and firing is 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.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
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Enforcement of negative covenants in employment terms.pdf