emails are admissible in evidence
2) once employee has accepted by email that he will adhere to terms and conditions of policy it would be binding upon him
Hello, We are a IT company of 40 people. For all of our employees once they joined, we will pass a HR Policy & IT policy documents via email. And we will get an acknowledgement sating they have read all the policies & adhere it. We have some dispute with an employee regarding not serving notice period. Can this email acceptance is valid in court?
emails are admissible in evidence
2) once employee has accepted by email that he will adhere to terms and conditions of policy it would be binding upon him
Yes. If there was a mention regarding the 'notice period' in your HR Policy & IT policy; and the same were acknowledged to have been read and understood by these employees, the e-mail correspondence at hand is valid.
Is it protected by digital signature and any end-end encryption/decryption involved?. You can not produce emails in court as it received. The email has to be certified by a government recognized cyber expert.
Talk to any cyber crime lawyer on the forum.
E-mail communication is a valid for of communication and hence the acceptance of job contract through e-mail is legally permissible and on its breach you can seek legal remedy.
To submit e-mail in court though you will have to accompany with it the certificate u/s65B of Indian Evidence Act.
We have some dispute with an employee regarding not serving notice period. Can this email acceptance is valid in court?
yes, this is admissible in court proceeding because there is not rule in the Indian contract act that notice should be given in a set format or by set medium. section 7 envisaged that party can adopt any medium for transfer of information or notice. if that notice was given in adopted medium then it is valid and enforceable. that acknowledgement is valid.
This e-mail acceptance can be treated as enforceable.
But still you can try and send him a legal notice for serving the notice period or paying the salary in lieu whereof.
Regards
The acknowledgment by an employee for having agreed to the conditions in the employment offer letter and accepting the employment on the terms mentioned therein is sufficient to issue notice to the employee if there is any violation to the agreed conditions by the employee.
You can initiate proper legal action through your advocate against the erring employee.