Stamp Duty For Employment Agreement

Employment policies, such as leave, maternity leave, working hours, etc., are governed by the current Law on Shops and Establishments. Other relevant laws that govern different aspects of employment are Factories Act, 1948, The Maternity Benefit Act, 1961, The Payment of Gratuity Act, 1972, etc. A job offer is issued before entering the company. Before onboarding, insist on one. You must read the contents of the document and sign it as an acceptance. Contact the HR representative if there are any ambiguous clauses. No, the letter of offer and the employment contract are different. Since the letter of offer defines the conditions and benefits that the company is willing to offer to the employee. The employment contract has not been defined anywhere in the Indian Contracts Act. Nevertheless, it is legally valid in India, as long as it does not impose inappropriate restrictions on the employee. Section 27 of the Indian Contracts Act invalidates a trade restriction agreement only to the extent that it restricts trade.

Therefore, there is no absolute restriction and should only apply to partial restrictions. For the duration of the employment relationship, the employer is entitled exclusively to the services of the worker. An employment contract does not need to be certified by a notary public, but stamp duty must be paid on it. Stamp duty rates can be revised in the timing of the current stamp law, as they vary from state to state. 2. Is the work letter valid if the worker has not signed it? The employment contract is the second step after the passage of the letter of offer and negotiations between the employer and the worker and that the conditions that are definitively agreed between the employer and the employee are part of the employment contract. Section 17 of the Indian Stamp Act 1899 provides that “all instruments subject to tax and performed by a person in India shall be stamped before or at the time of performance”, and section 2(14) of the indian Stamp Act defines “instrument” as “any document by which a right or liability exists or purports: created, transferred, limited, extended, erased or saved”. On the basis of the provisions of the Indian Stamp Act of 1899, it is therefore possible to conclude that it will be legally advantageous to pay a significant amount of stamp duty, which varies from state to state, on the employment agreement in order to obtain its legal validity.

It doesn`t matter if an agreement is printed on a company letterhead, on normal paper or on stamp paper. Is the decisive question whether the treaty was properly stamped or not? (which differs from state to state). The work letter does not need to be affixed to a stamp paper. It is usually used on the company letterhead signed by the official subscription (e.g. hr-manager, general manager, etc.). 4. Does the job offer have to be printed on stamp paper of a certain value? ARTICLE 54 MORTGAGE SECURITY OR LOAN LOANS, where that amount of mortgage security or credit secured by that instrument is executed as security for the proper performance of an office or the balance sheet of funds or other property obtained under that guarantee or a guarantee securing performance of the contract at maturity or by order of the court or an official; is not otherwise provided for in the Maharashtra Court-Fees Act. – 0.5 per cent for the amount secured by such an act, which is subject to a maximum of ten Lakh rupees, provided that a person for whom a person provides security and executes a guarantee or mortgage deed has been paid in accordance with Article 40, the tax payable is one hundred rupees. .