Digital signature on Employment offer letter

2 years ago

I have recently received an offer letter from a company, and they asked me to accept the offer letter by providing a link of the document powered by adobe digital signature. It has a clause "I accept the terms and conditions outlined in this offer letter and agree to join the company by". Is it illegal/breach of contract in case if I don't join the company after digitally accepting it ? I have read the following in adobe's official site with respect to digital signatures "For instance, an employee cannot dispute the existence of an electronic contract, if she acted upon it by coming to the workplace and performing her duties or drawing salaries and benefits under the employment contract.The documents that are executed using such other methods are not treated the same as documents signed with wet signatures."

Previous Question

Next Question

Abhimanyu Shandilya

Responded 2 years ago

View All Answers

A.You executing the document digitally is equivalent to signing the document on paper using a pen and ink and after a digital signature if you break the contract then certainly you will be held liable for breach of contract. What you have mentioned about reading on adobe website in the question does not seem to be to the right interpretation of the law.

Helpful

Tanmoy Chattopadhyay

Responded 2 years ago

A.It is certainly a breach of contract but not illegal if you violate the agreed terms and condition in the manner you described. Like very correctly suggested by another learned senior if the terms and condition itself violate any legal provision then the whole agreement becomes void.

Helpful

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Please go through the terms and conditions and it will automatically gets invalid, if it is against any law for the time being in force. If you agree the terms and conditions, you are obliged to follow those and any breech will leads to compensation.
Please rate my answer
Thank You

Helpful

Anik

Responded 2 years ago

View All Answers

A.Hi,
Firstly, it is very important to read the terms and conditions properly before signing it. If anything in the terms and conditions are not according to the laws for the time being in force, it is void and having no effect. If you have accepted the terms and conditions, law will presume that you have read and understood and agree to comply with those and you will be prosecuted if there is any breech from your part which leads to compensation.
Please rate my answer
Thank You

Helpful

Read Related Answers

Can a company deny experience-relieving letter for violating NDA

Dear Client, For a breach of the terms of an employment contract, an employer can take legal action against the employee claiming damages arising out of the breach of said contract. But the action of...

Illegal Termination

Dear Client, From the contents of your query, the management's action, prima facie, appears to be highly arbitrary and illegal and can be termed as victimization and unfair labour practice. When the c...

Employee accident

Dear Client, Section 3 of the Employees Compensation Act, 1923 deals with the Employer's liability for compensation payable to an injured employee in case the injury is caused in the course of and ari...

Job fraud

Dear Client, It appears from the query, that you are trapped by a fraudster company by alluring with fake employment that costs you a sum of Rs.2 lakhs. When you are in receipt of an offer letter issu...

Applicability of Factories Act and Shops & Establishments Act for NGOs in Karnataka

Dear Client, Non-profit organizations/NGOs, even though they may not engage in commercial activities, may still fall within the purview of the Shops and Establishment Act if they provide services or...

Read Blogs on Employment and Labour

Demystifying Leave and License Agreements

Double entry in EPFO, Dual Employment, Moonlighting, - Cause and Resolution

Sexual Harassment at Workplace India: Addressing Issues

Review Employment Contract India: Legal Insights

The State of Minimum Wage in India 2024: An Overview

Employment and Labour Lawyers

Kolkata

Bangalore

Prabhakara S K Shetty

Bangalore

Vadodara

Pune

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.