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Service Agreement Clause - Not To Employ Contract Employees After Termination Of Contract - CiteHR

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Madhu.T.K
3891

Bonding is established when the contract is with the employer and the employees who are forbidden by the contract not to take up employment elsewhere. In this case there is no such contract with employees.
Madhu.T.K

From India, Kannur
bijay_majumdar
357

Thanks Madhu Sir,
May I seek to know That the clause we are speaking about therefore has no relevance,but points towards binding the employees(working under contract) indirectly not to work else where except the agency, and principal employer with whom the contract is made, is brought under false agreement clause.

From India, Vadodara
AmitG@
1

Dear Madhu & Bijay
Although, you have given a very clear clarification, but still one doubt remains “The Principal Employer has terminated the Contract but whether the Employee / Employer relationship exists between Contractor and his employees when they were employed by another employer (Principal Employer)”.
If yes, then their appointment may me invalid?
Amit Tyagi

From India, New Delhi
bijay_majumdar
357

Amit sir,no,the employees resigned upon termintion of contract with previous agency and the same was accepted,after which they were hired by another employer agency,and placed to work at same principal employer with the consent of principal employer in good faith,thatis to say retain their jobs.
From India, Vadodara
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