Contract of indemnity

You have not informed the type of such business, why your brother failed and amount involved.  Unless your father is a co-obligant, the Bell Corporation can not bring pressure on him, and in all probability, your father should have been a co-obligant or mortgaged some properties.  Contact with a local advocate and if your father is in no way involved, he will issue a legal notice threatening the corporation of harassment and further filing a criminal complaint against BC.

This is company seems to be very particular and signing indemnity bond/contract from each employee mandatorily .So employee became bounded by their terms and conditions. Their side becomes strong and if you done any thing harm to the companies business due to your own default, then there is no way to represent your grievances.

The query was on "harassment" to the employee's father.

Generally companies obtain indemnities from employees to compensate the company for any loss or damage it sustains on account of any willful commission or omission on the part of the employee in discharge of his duties.If your brother has not committed or omitted to do any thing willfully, the company cannnot invoke the indemnity and demand compensation form your brother. So you have to see whethr there was any willful commission or omission on your brother's part. At any rate the Company cannot compell your father to give indemnity on behlaf of your brother. He may refuse to give such indemnity.

The company has employed an adult and not a person minor by age, hence the company cannot ask the employee's father to indemnify the company.

If the employee is not willing to indemnify the company as per the company's rules and regulations then the company can very well terminate the employee for not abiding by the conditions of the employment.

Hello!  

Section 124 of the Indian Contract Act, 1872 deals with indemnity contracts. An indemnity contract is one where one party promises to make good the losses or recover the losses caused to any third party by the acts of the first party or any other party.   

Your brother signed a contract of indemnity with the company and in case if he fails to do something and causes damages to the company, he will be liable to indemnify them. If he is unable to do so, then the company can claim damages from the party who promised to pay the damages on behalf of your brother and will be mentioned in the terms of the contract. If in the contract, it has been mentioned that it will be the responsibility of your father to indemnify the company in case your brother fails to do so, then the company can sue the father for recovery of damages. But if there is no such condition and some other third party is liable to indemnify, then your father cannot be forced to pay the damages.  

Regards  

Vasundhara Singh  

I, Raja Bose, am conducting research on the legal sector. I am eager to address the significant issues the sector is experiencing. I won't take up much of your time, but I do need a 20-minute call. I hope it was enjoyable for you to share the industry issue that your company is dealing with. I look forward to talking with you more.

Regards

Raja Bose

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