Need Appointment Letter Clause- Termination Without Reason

Posted by - Vikas Sharma

Dear Seniors,

I want to know your expert opinion on below:

a) is appointment letter clauses are enforceable in court of law?
b) Termination on mere ground of employer discretion can be justified and if not what can i employee can do.
c) when a employee not join after accepting offer letter or even appointment letter is we can do anything.

Regards

Vikas Sharma

Urjit

Jul 11, 2014 23:25 PM

Dear Vikas, Questions asked are pertinent and having issues nearly with all the organizations. Answer to Question 1 :- Clauses implicating contradiction in different acts are found in Appointment Letter. But Appointment letter if accepted falls under the contractual Act and hence would be considered as valid, if all the clauses are added as per the law. Answer to Question 2 :- If on the grounds of management discretion if an employee gets terminated, then the employee can challenge the organization in the court of law for not following proper disciplinary action. It is still not advisable as it would not be good for your career once it is open in the market that you have taken your previous employers to court. Answer to Question 3 :- If an employee does not joins after the acceptance of offer letter, then legal it is not considered as a contract. It is just considered as an offer which was accepted and rejected in due course. Whereas After acceptance of the Appointment Letter, he is bound to follow the clauses mentioned in the appointment letter and hence legal it can be challenged. DO let me know if there is any other queries or concerns. Regards, Dr. Urjit Kavi

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