presentation on leagal consideration

8/8/2019 Presentation on Leagal Consideration

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LEAGAL CONSIDERATION

³Established by or founded upon law or official or

accepted rules´ are called Legal´.

"Consideration is simply something of value

received by a promisor from a promisee. It can take

the form of a right, interest or benefit accruing to one

party, or some forbearance, detriment, loss, or

responsibility, given, suffered or undertaken by theother´.

³Legal consideration is something of value which is

structured into a legal contract. For a contract to be

valid, both parties to the contract usually need tohave "consideration´.

³If one party has consideration and the other does

not, the contract may not be upheld if it is challenged

in court.



Legalconsideration

Offer and

acceptance

Intentionto create

legalrelation

Consideration

CertaintyLegality

Legalcapacity

Freeconsent



L EAGAL CONSIDERATION IN RECRUITMENT

1. RELEVENT CONSTITUTIONAL PROVISIONS

2. EMPLOYMENT EXCHANGES ACT, 1959

3.APPRENTICES ACT, 1961



RELEVANT CONSTITUTIONAL PROVISIONS

EQUAL OPPORTUNITY IN MATTER OF PUBLIC

EMPLOYMENT.

ABOLITION OF UNTOUCHABILITY.

PROHIBITION OF EMPLOYMENT OF

CHILDREN IN FACTORIES .

PROTECTION OF FREEDOM OF CONSCIENSE.

EQUAL JUSTICE ANF FREE LEAGAL AID.

RESEARVATION OF SEATS OF SCHEDULEDCASTES.

PROHIVISION OF DISCRIMINATION ON

GROUND OF RELIGION, RACE, CASTE, SEX OR

PLACE OF BIRTH.



CONT«««

DUTY OF STATE TO RAISE THE LEVEL OF

NUTRITION AND THE STANDARD OF LIVING

AND TO IMPROVE PUBLIC HEALTH.

POWER AUTHORITY AND RESPONSIBILITY OF

MUNICIPALTIES.

POWER OF PANCHAYAT.

FREEDOM OF CONSCIENCE AND FREE

PROFESSION, PRACTICE AND PROPAGATION OF

RELIGION.

EXTENT OF EXECUTIVE POWER OF STATE AND

UNIONS.

PROMOTION OF EDUCATION AND ECONOMIC

INTERESTS OF SCHEDULED.



EMPLOYMENT EXCHANGE ACT, 1959

Employment exchange means any office or place established and maintained by

the Government for the collection and furnishing of information, either by the

keeping of registers or otherwise, respecting.

Compulsory notification of vacancies for public and private sector excluding

agriculture, domestic services, unskilled office workers, parliament staff.

Operated by the Directorate General of Employment and Training, Ministry of

Labour.

Plays a significant role in assisting the youth in finding jobs.

Self-Employment Ventures through vocational Guidance activities



Quarterly employment return inform (ERI) for every quarter ending 31st

March, 30th June, 30th September and 31st December.

Vacancies should be notified to local exchange or area office where vacancies

occurs.

Penalty for not notifying to employment exchange is for first offence is rs. 500

and can be extended to 1000rs.

Purpose of the act :

1) To assess the employment potential.

2) to enable Govt. to formulate it·s policy of training in technical education.3) To help the unemployed person.



APPRENTICES ACT, 1961

A pprentice: derived from French word ¶apprendre· means ¶to learn·

Sec 2(a) defines as ¶·one who bound by legal agreement to serve an employee for

a period of years, with a view to learn some handicraft , trade etc. in which the

employer is reciprocally bound to instruct him.··

Qualification of apprenticeship contract:

A person shall not be qualified if:

1)He is less than 14 years of age.

2) Unless he satisfies such standard of education and physical fitness as

prescribed.

Termination of apprenticeship contract:

1) On the expiry of apprenticeship training.

2) A pplication for termination to apprenticeship adviser.

3) If any party failed to carry out the terms and conditions adviser can

terminate contract.

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