Is an NDA binding for sex workers or escorts? I have heard of some sex workers or escorts signing a non disclosure agreement with the person who is hiring them. Or their agency already has a policy in place. Since paying for sex isn't legal in Canada, would such policies or NDAs be enforceable? For example would it be breach of contract if a escort signed an NDA then told her friends she slept with you? Charlie Sheen had this NDA but I don't think money was involved, and I'm not sure if it was considered enforceable anyway.
If correctly structured, probably First, there is no issue with escorts in Canada. If you are in Toronto and need a plus one for the big gala dinner, you can hire a date provided sexual gratification is not part of the deal. An NDA as part of that sort of contract would be fine. Similarly, in jurisdictions where sex work is legal, there’s also no problem. So, we will just focus on contracts where one of the fundamental obligations involves an illegality. This doesn’t have to be prostitution, it could be a contract for murder, or the supply of illicit drugs, or the supply of unpasteurised milk. One of the requirements for a valid contract is legality of objects. A contract for an illegal purpose is void. See What is a contract and what is required for them to be valid? Therefore, an NDA that was a term of such a contract is also void. However, an NDA that was a separate contract, even a collateral contract, would be enforceable because NDAs do not have illegal objects. This can probably best be illustrated by an example. Let's imagine there is an establishment where people can go for food, drink, entertainment, and socialise - we'll call it the club. As part of the contract for using the club or being an employee or supplier to the club or its patrons, there is an NDA not to reveal anything that happens in or is associated with the club. There is no reason to believe that this NDA would not be a valid and enforceable contract - subject to the normal laws that limit such agreements. Now, if visitors entered other agreements that were void, with each other or with the club - such as for the supply of sex or illegal drugs - this would not, on its own invalidate the NDA contained in the other contract. If a court decided that the whole operation was a sham and that the club was merely a front for a brothel, they may find the original contract is void as being against public policy or, it quite likely may be an irrelevancy, because people engaged in a joint criminal enterprise have very few rights against one another anyway. However, if the club is primarily a legitimate business, then there would be no reason to impugn the original contract.
Yes, it also applies. However, an employment implies they agree to having employment related data stored and processed (e.g., to be paid). When there are performance related bonuses in the contract, this will likely (but IANAL) imply they agree to performance data being collected and stored appropriately. Furthermore I would assume most of such data processing (such as knowing who is responsible for a certain change, who created a file, modified it etc.) falls into "legitimate interests" of the employer, as this information may be necessary for operations. I'd assume (still IANAL) that much of the consequence wrt. GDPR is the right to have your data erased. So a company should be prepared to remove such data when an employee leaves the company, e.g., by clearing the responsible person fields upon request. At least for data where there is no legal requirement to have such data provenance. But: consult your lawyer for a proper legal opinion!
are contract terms enforceable that say the employee has to pay the employer if they leave without giving notice? Yes, as long as the penalization is not of punitive nature. The doctrine of at-will employment is only the default condition, but a contract may supersede it. As for the extra question, reciprocity of sanctions (as in leaving without notice) is not a requirement for enforceability of a contract. In general, the lack of reciprocity only signals that there is a difference in the parties' bargaining power, but usually that does not affect enforceability.
This is not legal advice, It is not even primarily a legal opinion. It is a legal position. The lawyer, acting on behalf of the agency from which you requested information, is giving the reasons why that agency is declining your request. The lawyer is presumably either an employee of the agency, or has the agency as a client. In any case, this is notice of the position that the agency would be likely to adopt if you took further legal action, such as a suit to compel disclosure. Lawyers provide such position statements ion behalf of clients or employers all the time. Such statements indicate why certain action is taken, what basis the client or employer has for taking or not taking certain action, and often indicate the nature of the defenses or theories that will be used should a lawsuit follow, although the client or employer is free to change the theory at the pleading stage. Not only is it not unethical for the lawyer to respond in this way, the agency is, I am fairly sure, required by the law to provide a valid reason when a request is declined. That is what they have done, provide a reason that they claim is valid, with some legal reasoning about why it is valid. Note that I express no view on whether the reason given is in fact valid, or would be sustained in a suit. That would be a different question.
Bonded labor is illegal in India, but enforcement is lax. Read Right against exploitation in Fundamental rights in India. The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and Begar (forced labour)... As per law, they cannot make the contract binding if it relates to bonding of the laborer. But a general contract may stand in court if they have made you sign the contract and paid the duty to government for the contract. This contract will be mild form of Bonds/begar-contracts. As per the requirements of the contract, usually they will ask you to give them your original documents and degree certificate. Do not do that. That will give them control, and it's illegal. From personal experience, such companies are phonies and they want to exploit you. Visa thing is a scare. As per they wont give me Experience letter and Releasing letter; they might do that, and so you will not be able to show experience. You can file a lawsuit against them. (But you know it's a waste of time in Indian courts) As per first three things you mentioned: It is written on my company's letter head. It doesn't contain any stamp paper. It doesn't contain any company seal. It's not a contract. Do not provide them your actual signatures. Make a strange signature so that you can later argue that it's not your signature. But think about the consequences: You are going to that (probably shady) company, do you think they will hold any of their promises later, at all. Think: Will the company stay in business until your bond is over? Then how will you get an Experience certificate? That ends the answer. A few suggestions I'd suggest finding a different job. I'd suggest talking to a lawyer. It's cheaper than your life being screwed up. I'd suggest talking to your family about it. Nothing written here constitutes legal advice. Talk to a lawyer to get a legal opinion on the matter.
It means that the agreement lasts for 6 months under which confidential information (CI) provided must be kept secret for 3 years. So lets say you signed this agreement on January 1, 2018. Any CI materials provided between Jan-1 2018 to Jun-30 2018 must be kept confidential up until January 1, 2021 (3 years from the effective date). However if you received a CI material on July 1, 2018 the NDA would have expired and you would not be obligated to keep it confidential at all. These types of short-term NDA's require careful oversight because it is easy to forget that the NDA has expired and start providing CI to third parties not obligated to keep them confidential because the NDA expired. So, in short, it means that anything provided as CI during the 6-month term of the NDA must be kept confidential for 3 years. After 6 months the NDA is no longer in effect and care must be taken in exchange of CI to third parties.
Unless your employer agreed in a contract to not discuss your employment, then there is no legal restrictions on them discussing anything about your employment. If they say things that are untrue you could sue them for defamation.
This paper describes a website created to test the hypothesis that nobody bothers to read the TOS, and it contained a privacy clause saying that &quot;we may share everything, and a clause that by agreeing to these Terms of Service, and in exchange for service, all users of this site agree to immediately assign their first-born child to NameDrop, Inc. If the user does not yet have children, this agreement will be enforceable until the year 2050. All individuals assigned to NameDrop automatically become the property of NameDrop, Inc. No exceptions. Since this was not a real webpage, there was no attempt to enforce. TOS is just another kind of contract, so the question is which kinds of contract conditions are enforceable and which kinds are not. It depends on whose laws you are operating under, which explains the use of expressions like &quot;void where prohibited by law&quot;. There are innumerable conditions that could be included in a contract which are unenforceable. A contract requiring a person to commit a crime is unenforceable. Many jurisdictions have laws prohibiting a person from waiving certain rights, for example you cannot sign away your right to be represented by legal counsel in a dispute. There are related &quot;unfair / deceptive&quot; practices laws, which might include meta-conditions that any clause disclaiming liability must be prominently displayed. These are terms that a reasonable person would clearly know in advance are illegal and unenforceable. There is also a concept of &quot;unconscionability&quot;, a finding that a certain condition favors the business to the point of &quot;shocking the conscience&quot;, which may take a deeper legal analysis to evaluate. A requirement to litigate small disputes in California might be deemed unconscionable for a customer in an East Coast state, but it might not be. A typical characterization of an unconscionable contract is one that &quot;leaves one party with no real, meaningful choice and is unreasonably advantageous to the other party&quot;, especially when due to asymmetrical negotiation power. For example, Ellis v. McKinnon , 18 Cal. App. 4th 1796 (employment contract for a salesman, commissions were forfeit if company had not received payment from the customer by the termination of employment). The main case law in the US in this area is Williams v. Walker-Thomas Furniture, 350 F.2d 445, where a customer bought furniture on credit, with a clause allowing repossession of all of the furniture in case of default by the customer. The doctrine is encoded in UCC 2-302. However, &quot;unconscionable&quot; does not mean &quot;I don't like it&quot;. In lieu of statutory price controls, a customer probably cannot avoid paying an agreed on exorbitant price for a product ($100 for a dozen rolls of toilet paper). Here is a bit more legal analysis of unconscionability, which focuses on three factors: one-sidedness, oppressiveness, and likeliness to result in unfair surprise.