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SAPNA KANNAIDAS (COMPANY SECRETARY)     13 July 2011

Leave and licence agreement-Default clause

Dear members,

In a leave and licence, when there is any dispute or differences, can the parties approach an Arbitrator if such a clause is mentioned in the leave and licence agreement or whether they have to approach the Court of Law?

Came to know that in a leave and licence agreement, the arbitrator clause would be invalid and the parties have to compulsorily approach the court of law.

Can anybody confirm this?

Another query is when we appoint security guards for our premises through a contractor, is the company liable to pay PF and ESIC to the guards or is it the contractor's liability?

Regards,

Sapna Kannaidas

 



Learning

 2 Replies

CS (cs)     13 July 2011

in the leave and license agreement arbitration clause is very much valid

there are certian agencies providing services of security guard , they are charging a specified amount of monthly fee as per the agreement

the liability of PF etc will be of that agency as per the agreement

 

regards

SACHIN AGARWAL (ADVOCATE)     14 July 2011

The arbotration agreement is valid in the matter of Leave and license.

The matter relating to payment of PF and ESI would depend upon the terms and conditions of the agreement.

Besides this, the company hiring the services is the master and being so, the principal employer and is liable to pay PF and ESI if the Security Agency is not paying the same.
 


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