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Being Human (Mr.)     21 June 2013

A great confusion on employee agreement

Dear all,

 

Which of the following options are legally more vaild regarding employee appointment letter:

 

- First, Put all terms and conditions in appointment letter (In plain paper/office letter head) and make that signed by employee. As per my knowledge such documents while submitting to court during litigation needs to pay stamp duty + penalty for delayed stamping. Is it legally valid document ?? 

 

- Second, Put summary of T&C in appoinment letter (In plain paper/ office letter head) and put details T&C in agreement (In stamp paper) and make both  of them signed by employee. In such case, what should be the value of stamp paper ?

 

Is it possible to use only front page as stamp paper of Rs.100 and rest as plain paper in agreement??

 

Looking forward your reply. Thank you.



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     21 June 2013

consult nearest lawyer on all options.

Adv k . mahesh (advocate)     21 June 2013

first welcome note with his name followed by and his designation to the family of the organisation and his pay packet and his date of joining with his department and the de

1. welcome note

2. name, designation, department , reporting head manager 

3. pay packet with total and take home salary

4. date of joining

and in agreement on 100/- stamp paper as per legal format he has to use 

1. paper details of both the employee and employer with his appointment details

2. terms and conditions as per your company policy  

Being Human (Mr.)     21 June 2013

Thanks a lot K. mahesh and please clarify the following points:

 

1) Is appointment letter (on plain paper) without any agreement is legally valid ? 

 

2) Should a plain paper agreement needs to be stamped before submitting in court as evidence ??

 

3) Is it compulsary to use Rs. 100 stamp paper in agreement ???

 

4) Why is it necessary to make two different documents (i.e. Appointment letter & Agreement) ????


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