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Is Email legally Binding ?
Human Resources » Business Etiquettes


Chrm Message From: senthil.m Total Posts: 43 Join Date: 27/05/2007
Rank: Executive Post Date: 10/12/2007 08:21:33 Points: 215 Location: United States

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

Chrm Message From: bimal kapoor Total Posts: 25 Join Date: 27/05/2007  
Rank: Executive Post Date: 10/12/2007 08:22:39 Points: 125 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.

Chrm Message From: nikhil78 Total Posts: 27 Join Date: 27/05/2007  
Rank: Executive Post Date: 12/12/2007 07:57:57 Points: 135 Location: United States

But can the company have its own personalised Email policy and have it binding on the employee??

Nikhil

Chrm Message From: aladin Total Posts: 38 Join Date: 27/05/2007  
Rank: Executive Post Date: 12/12/2007 07:58:57 Points: 190 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

Chrm Message From: tara Total Posts: 49 Join Date: 27/05/2007  
Rank: Executive Post Date: 12/12/2007 08:00:14 Points: 245 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.

Regards

tara