hi, i have one of my employees who is absent and away to the US for the last few months. incase we communicate with the employee over the email, and take disciplinary action over tthe email, will it be binding in the court of law!! waiting for advise
regards
senthil
Message From: bimal kapoor
Total Posts: 17
Join Date: 27/05/2007
Rank: Executive
Post Date: 10/12/2007 08:22:39
Points: 85
Location: United States
According to the IT laws of India email is not a legllay valid document in India. In US it is quite valid. So where does the email originate is a crucial question. The website or webserver via which the email originates should be considered as an extension of the natural office - only then the place of origin becomes valid - so prbly sending email from an Indian server will not be considered legal in a US court of law. Besides your employment contract has to clearly state the policy regarding emails - to avoid trouble with and for the employee.
Message From: nikhil78
Total Posts: 19
Join Date: 27/05/2007
Rank: Executive
Post Date: 12/12/2007 07:57:57
Points: 95
Location: United States
But can the company have its own personalised Email policy and have it binding on the employee??
Nikhil
Message From: aladin
Total Posts: 30
Join Date: 27/05/2007
Rank: Executive
Post Date: 12/12/2007 07:58:57
Points: 150
Location: United States
Hello,
Even if a company try to make such an internal policy.. that would not stand in the court of law. Model Standing Order does not cover the e-mails, therefore nothing can be done in legal terms.
aladin
Message From: tara
Total Posts: 34
Join Date: 27/05/2007
Rank: Executive
Post Date: 12/12/2007 08:00:14
Points: 170
Location: United States
Yes it can be made legally binding based on the employee contract. the law says that email evidence is invalid. the law doesnt say that email is not valid either if the employee has agreed to it. Since the law doesnt say that companies cannot have a email policy which is binding on its employee, if company A gets an employee to sign & work under such an agreement it can ensure that the employee has agreed to work under a type of clause. - in other words these policies are one of those left to the company to decide upon such issues . In the US hey are legally binding.
