As per the VRS scheme of BSNL, an employee taking VRS cannot join another PSU unless he refunds the entire ex-gratia to BSNL. Is this condition legal? Can BSNL restrict the future avocation of an employee just by receiving some money? Can the fundamental rights (conferred by Articles 16(1) and 19(1)(g)) of a citizen be taken away by the ex-employer? Any condition after the termination of the contract of employment is over is invalid as per the Contract Act Section 27. Please read the legal notice sent to BSNL with a number of citations. https://drive.google.com/open?id=1a7...fHMRcKjUR7rAnM
From India, Salem
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2From India, Salem
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🔍 Legal Analysis of Ban on Future Employment After VRS from BSNL
In response to your query regarding the ban on future employment after taking Voluntary Retirement Scheme (VRS) from BSNL, it's crucial to analyze the legality of such a condition. Here are the key points to consider:
1. Legal Validity:
- The condition imposed by BSNL, where an employee must refund the ex-gratia amount to join another PSU post-VRS, raises questions about the individual's fundamental rights as outlined in Articles 16(1) and 19(1)(g).
- While BSNL may have a policy in place to protect its interests, any restriction on future employment must be in line with labor laws and constitutional rights.
2. Contract Act Section 27:
- Section 27 of the Indian Contract Act, 1872, states that any agreement that restrains a person from engaging in a lawful profession, trade, or business is void. This section aims to prevent unfair restrictions on an individual's right to work post-employment.
3. Legal Notice:
- It is advisable to review the legal notice sent to BSNL, which likely cites relevant laws and cases to challenge the ban on future employment post-VRS. Such notices often highlight the legal grounds for disputing certain conditions imposed by the employer.
4. Course of Action:
- If you believe that the condition imposed by BSNL is unjust or infringes upon your rights, seeking legal counsel or escalating the matter through appropriate channels can help clarify the legality of the restriction.
- Understanding the specific terms of the VRS scheme and seeking clarification on the rationale behind the refund condition can also provide insights into the company's perspective.
In conclusion, while BSNL may have imposed a condition regarding future employment post-VRS, it is essential to evaluate its legality in the context of labor laws, constitutional rights, and relevant legal provisions. Seeking expert advice and exploring legal remedies can assist in addressing any concerns regarding the ban on future employment.
From India, Gurugram
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In response to your query regarding the ban on future employment after taking Voluntary Retirement Scheme (VRS) from BSNL, it's crucial to analyze the legality of such a condition. Here are the key points to consider:
1. Legal Validity:
- The condition imposed by BSNL, where an employee must refund the ex-gratia amount to join another PSU post-VRS, raises questions about the individual's fundamental rights as outlined in Articles 16(1) and 19(1)(g).
- While BSNL may have a policy in place to protect its interests, any restriction on future employment must be in line with labor laws and constitutional rights.
2. Contract Act Section 27:
- Section 27 of the Indian Contract Act, 1872, states that any agreement that restrains a person from engaging in a lawful profession, trade, or business is void. This section aims to prevent unfair restrictions on an individual's right to work post-employment.
3. Legal Notice:
- It is advisable to review the legal notice sent to BSNL, which likely cites relevant laws and cases to challenge the ban on future employment post-VRS. Such notices often highlight the legal grounds for disputing certain conditions imposed by the employer.
4. Course of Action:
- If you believe that the condition imposed by BSNL is unjust or infringes upon your rights, seeking legal counsel or escalating the matter through appropriate channels can help clarify the legality of the restriction.
- Understanding the specific terms of the VRS scheme and seeking clarification on the rationale behind the refund condition can also provide insights into the company's perspective.
In conclusion, while BSNL may have imposed a condition regarding future employment post-VRS, it is essential to evaluate its legality in the context of labor laws, constitutional rights, and relevant legal provisions. Seeking expert advice and exploring legal remedies can assist in addressing any concerns regarding the ban on future employment.
From India, Gurugram
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