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Originally posted by Jeroen T Wenting:
Very bad advise from Joshi!
A contract ALWAYS states under which jurisdiction it's signed and what court will decide on issues resulting from it.
It doesn't matter one iota whether you're in India and signing a contract with a US company.
That contract will be active under US law, therefore it will be valid when executed if legal under US law.
Eric LEMAITRE
CNAM IT Engineer, MS/CS (RHCE, RHCX, SCJA, SCJP, SCJD, SCWCD, SCBCD, SCEA, Net+)
Free Online Tutorials: http://www.free-tutorials-online.net/
Originally posted by Eric Lemaitre:
It is certainly very legal... as sure as it is certainly very unfair.
42
Originally posted by Jeroen T Wenting:
You signed it, you're bound by it unless it's illegal.
Originally posted by ravishankar dube:
hi,
i am going to u.s on h1b, through a consultant,
the consultants want me to sign a documents which states, that
i have to be with them for 12 months otherwise i have to give him 20,000$
Also if i leave after 6 months..i have to give 10,000$ and pro-rata.
Also some non-competence agreement
SCJA, SCJP5.0, SCBCD, SCWCD
Originally posted by NJ Joshi:
Sign with no fear .
As you are signing in India .
Most important Write place amd date also once signed .
1. In India such papers contracts have no validity until unless signed on proper stamp paper or fee and notorised .
2. This paper you can use as toilet paper in US ,as it has no validity here , it is signed out of US jurisdiction ,it is governed by local law .
Originally posted by Bhoooooo Yyempeti:
That is what you get when you ask for a legal opinion in a Java forum.
Mr. Joshi how certain are you of the advise that you profess ? Someone's career depends on it!
The location where a contract is signed has no bearing on the jurisdiction. The jurisdiction is usually specified as part of the contract.
As for your contention about notarization of contracts, you are just plain wrong. Did you know that even a verbal contract is valid and enforceable in the Indian Contract Act ?
Part of the contract is probably (and I emphasise PROBABLY) un-enforceable because it may violates various 'Agreement under Consideration' clauses. (Section 25 of the Indian Contract Act, 1872 if contract is under Indian jurisdiction)
My suggestion - if at all possible, don't sign the contract!
Originally posted by NJ Joshi:
what if he leaves US ?
[ June 30, 2006: Message edited by: NJ Joshi ][/QB]
Originally posted by ravishankar dube:
Originally posted by M Movilogo:
How many examples anyone knows when an employeed left job in USA based on a contract signed in India has been prosecuted and paid the penalty?
Originally posted by M Movilogo:
How many examples anyone knows when an employeed left job in USA based on a contract signed in India has been prosecuted and paid the penalty?
Originally posted by Sumit Chopra:
If the person breaks contract, leaves US, joins some other country for work India, UAE, Pakistan, England ... what happes to the contract/law then?