Digital signature on Employment offer letter

2 years ago

I have recently received an offer letter from a company, and they asked me to accept the offer letter by providing a link of the document powered by adobe digital signature. It has a clause "I accept the terms and conditions outlined in this offer letter and agree to join the company by". Is it illegal/breach of contract in case if I don't join the company after digitally accepting it ? I have read the following in adobe's official site with respect to digital signatures "For instance, an employee cannot dispute the existence of an electronic contract, if she acted upon it by coming to the workplace and performing her duties or drawing salaries and benefits under the employment contract.The documents that are executed using such other methods are not treated the same as documents signed with wet signatures."

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Abhimanyu Shandilya

Responded 2 years ago

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A.You executing the document digitally is equivalent to signing the document on paper using a pen and ink and after a digital signature if you break the contract then certainly you will be held liable for breach of contract. What you have mentioned about reading on adobe website in the question does not seem to be to the right interpretation of the law.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.It is certainly a breach of contract but not illegal if you violate the agreed terms and condition in the manner you described. Like very correctly suggested by another learned senior if the terms and condition itself violate any legal provision then the whole agreement becomes void.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Please go through the terms and conditions and it will automatically gets invalid, if it is against any law for the time being in force. If you agree the terms and conditions, you are obliged to follow those and any breech will leads to compensation.
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Anik

Responded 2 years ago

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A.Hi,
Firstly, it is very important to read the terms and conditions properly before signing it. If anything in the terms and conditions are not according to the laws for the time being in force, it is void and having no effect. If you have accepted the terms and conditions, law will presume that you have read and understood and agree to comply with those and you will be prosecuted if there is any breech from your part which leads to compensation.
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