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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.
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Legalconsideration
Offer and
acceptance
Intentionto create
legalrelation
Consideration
CertaintyLegality
Legalcapacity
Freeconsent
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L EAGAL CONSIDERATION IN RECRUITMENT
1. RELEVENT CONSTITUTIONAL PROVISIONS
2. EMPLOYMENT EXCHANGES ACT, 1959
3.APPRENTICES ACT, 1961
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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.
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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.
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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
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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.
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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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