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saikat blogger (Writer)     16 April 2011

Can Employers Claim Compensation?

I started a debate but people are posting replies out of emotion and based on their own belief; what I need to know are:

  • If an employee sign an agreement with employer on plain paper, how much legal value does it have?
  • Can an employer claim money if the employee does not serve notice period?

It will be good, if you post your response on the original thread where the debate is going on.



Learning

 2 Replies

akash kapoor (*************)     16 April 2011

A contract is an agreement enforceable at law. A paper document bearing sign of an individual will stand good in the court. As parties agreed to the terms therein by signing.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     11 July 2011

To bind a contract to each other there should be some legal ingredients to be complied. mere signing a paper doesnt make a valid contract. There should be mutual consensus, should not be forced to sign, shouldnt be due to un due influence as an employer. Should not be against natural justice ie. conditions should be balanced and should not curtain the fundamental rights of a person to right to work as well right to life and personal liberty.

At the same time an employer can claim for the damages he has acually incurred due to the resignation of the employee especialy without notice but he cant resort it as a means to earn un wanted money or cant be used it as to harass the employee.


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