HR manager joining requires to sign on a white paper
8 months ago
HR manager joining requires to sign on a white paper says i need to pay the expenses of training and 45 days notice period if i resign , they can terminate me with out any any rule shall i sign is is it safe ?
A.Dear Client,
When the contents or terms of any contract are arbitrary, irrational, prejudicial, and contrary to the principle of natural justice, the contract is treated as void ab initio and cannot be enforceable under law. So the requirement of the Company is not acceptable being prejudiced and void to avoid future complications and consequences. Further, Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement/contract will be held illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time.
When the contents or terms of any contract are arbitrary, irrational, prejudicial, and contrary to the principle of natural justice, the contract is treated as void ab initio and cannot be enforceable under law. So the requirement of the Company is not acceptable being prejudiced and void to avoid future complications and consequences. Further, Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement/contract will be held illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time.
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