Contract terms verification

hi

ur q's are some confusing but i ll ans as i understand it....as

1. emplolment of contract labours needs compliance as per contract labour act. it requires mandatory registration  as a  principal employer.

2. no manadatory requirement of vetting of the appointment orders from lawyers if u inserted clauses regarding labour laws as minimum wages, PF etc. 

Thanks for your reply, and sorry for the confusion in my message.i try to explain it once more.

1. The contract terms we are referring is for our Permanent and contract employees i.e project engineers,accountants,admin ,clearical,env specialist etc, we do not hire labours and only provide consultancy in environment.

2. We are registered as Private Limited company under Maharashtra Shops & Establishment Act.

3. We already have appointment letters with terms & conditions for Permanent and contract staff, but now managers want to get it verified by lawyers and make insertion and changes accordingly.

4. so i wanted to know is it essential to verify the draft from lawyers and experts or it is company's wish to decide what terms and conditions they want in agreement?

Thanks

Yogita

Yogita ji, althoguh the terms and conditions can be according to company's wish, it is essential to consult an advocate before they are implemented as they are legal documents and if in any circumstance dispute arises, there should be proper clauses to that effect. So, it is always better to consult an advocate. In case of disputes, it is the lawyers who have to verify the documents ultimately.  :)

Hi,

The point over here is that the terms and conditions laid down in your existing contracts might require updation to bring them in line with the amended laws. Same set of terms cannot be applied always. There is no doubt that the terms and conditions of the service are settled between the employer and the employee. But the terms negotiated cannot be in violation of any existing law. For eg. Payment of Gratuity Act provides for gratuity scheme. Any employer can have a better scheme then that but not below the one prescribed in the act. Getting professional help is always advisable as the professionals are updated with amendments and developments in law.

Regards