Employment Agreement
Employment Agreement
Employment Agreement
1. DESIGNATION
The Employee is hereby appointed and shall hold office as Business Development Sales Executive of the
Company on the terms and conditions contained hereunder.
2. PROBATIONARY PERIOD
The probationary period will be of Six Month and the company will evaluate the new hire's
qualifications, skills and "fit" within our Company. The given time frame does not constitute an obligation
on the part of the Company to retain the employee until the end of the probationary period This period
involves special orientation activities plus closer and more frequent performance evaluations than that
given to regular employees. During this time or at any time of employment, the Company may terminate
the working relationship without cause with advance notice, except as prescribed by law.
At the end of the probationary period, if the employee has not been available to work the full
probationary period or work performance has not met expectations, the length of the probation may be
extended by the Company at its sole discretion.
Upon satisfactory completion of the probationary period, the employee will achieve a regular or part
time employee status and as such, will be eligible for most of our benefits (exceptions would be benefits
that have a specific waiting period).
The employee will now be expected to meet and maintain Company standards for job performance and
behaviour.
3. PLACE OF WORK
3.1 The Employee will be stationed in the Employer's offices currently located in Kanpur but the
Company shall be entitled to transfer the Employee's services to any of the branches, sister
concerns, which are presently operating or that which may be set up in future, in India or outside
India.
3.2 The Employee may be required to work at premises other than the Company's premises from time
to time.
6. CONFIDENTIALITY
6.1 The Employee shall not, directly or indirectly, either during the term of the Employee employment
under this Employment Agreement or thereafter, disclose to anyone (except in the regular course
of the Company's business or as required by law), or use in any manner, any information acquired
by the Employee during his/her employment by the Company with respect to any trade secrets,
clients, customers or other confidential information of the Company, its subsidiaries and associate
companies world wide, their operations or affairs unless such Information has become public
knowledge other than by reason of actions (direct or indirect) of the Employee.
6.7 As long as the Employee is employed, and also thereafter, he/she shall maintain confidential the
corporate secrets and all other information of a confidential nature pertaining to the Company and
its operations. The Employee may use such information only during his/her employment by the
Company and in the interest of the Company. The Employee shall at all times carefully and
diligently safeguard and promote the Company's interests.
6.8 During the course of employment, any such creation, innovation or any such intellectual property
in the form of software, hardware etc shall be exclusive property of the company as well the source
code of the company shall remain exclusive property of the company. That the employee shall not
use the source code of the company directly or indirectly. If the company finds that the employee is
contravening this term directly or indirectly then the company shall be entitled to claim damages
under section 73, 74 of the contract act and also entitled to initiate legal proceeding against the
employee.
6.9 That during and after the employment period, the employee will not divulge or appropriate to
his/her own use or to the use of others, in competition with the company, any secret or
confidential information or knowledge pertaining to the business of the company, or of any of its
subsidiaries, obtained by the Employee while employed by the company or any of its subsidiaries.
6.10 That the Employee will maintain proper dignity as well as decorum of company's office. The
Employee will maintain and keep in his/her safe custody such identity card, documents, files,
books, mobile, laptop, papers etc issued to the Employee and shall return the same whenever
required.
6.11 The agreement shall revive and apply again from time to time post completion of Two-Year period.
6.12 When the Employee's employment with the Company is terminated, he/she shall return to the
Company all business documentation, software, notes etc. and copies thereof pertaining to the
Company and its operations that have been entrusted to him/her or to which he/she has access.
6.13 if there is a valid reason or Geeting Married then you can Break the bond or Leave the company in
their situation
7. NON-COMPETE CLAUSE
7.1 That the employee after the period of employment is over, shall not open a similar nature company
up to three years directly or indirectly. If the company finds that the employee is contravening this
term directly or indirectly, then the company shall be entitled to claim damages under section 73,
74 of the contract act as well as entitled to initiate appropriate legal proceeding against the
employee.
7.2 That the client or the customer shall be sole client of the company. During the employment period
as well as after the employment period is over, if the company finds out that the employee is trying
to connect with the client of the company directly or indirectly, then the company shall be entitled
to claim damages under section 73, 74 of the contract act as well as entitled to initiate appropriate
legal proceeding against the employee.
7.3 During the course of employment, employee shall not do any personal work or for any third party
otherwise it will become a ground for termination and compensation clause will apply.
8. TERM OF CONTRACT, TERMINATION OF EMPLOYMENT AND SEVERANCE PAY
8.1 This Employment Agreement shall continue until terminated by either Party as provided herein and
supersedes any and all prior oral or written agreements pertaining to the duration, compensation
and conditions of employment of the Employee.
8.2 The Employee may lawfully terminate this Employment Agreement by giving to the Employer not
less than notice in writing and the employee shall not be entitled to get the salary of the notice
period and on break of bond of 6 Month the employee is liable to pay penalty equal to Rs. 2 lakhs.
Employer can terminate the employee any time with immediate effect without giving any Notice
Period.
8.3 In case if the employee leaves the company or terminates his/her employment before completion
of 6 Month, then he/she is liable to pay a penalty equal to Rs. 2 lakhs. Since the Employer's
company is a software developing company as well as a reputed Training Academy that enjoys
tremendous goodwill in the market. Since, a lot of time, energy and effort is devoted and invested
in grooming
young aspiring Employees which is essential in bringing out the best of talent in them and
nurturing them to make them able, competent and successful professionals.
8.14 No severance pay, as mentioned above, will be made to the Employee in case the Company has
terminated the Employee's employment due to his/her breach of Agreement or if he/she do not
meet the performance criteria prescribed by the Company.
8.15 All memorandum, notes, records, or other documents made or composed by the Employee, or
made available to him/her during the term of this Employment Agreement concerning or in any
way relating to the business or affairs of the Company, its subsidiaries, divisions, affiliates, or clients
shall be the Company's property and shall be delivered to the Company on the termination of this
Employment Agreement or at any other time at the request of the Company.
8.16 That if the employee commits any offence punishable under the Indian Law even outside the
company or with the customer outside the course of employment, the company shall not be
responsible for it in any circumstances.
8.17 That during the course of employment, if the employee commits any fraud with the company and
as a result of which the company suffers huge loss, in case of such an event, the Employer shall be
entitled to recover the same from the employee's movable and immovable property by instituting
legal/court proceedings.
8.18 If any training is provided to the employee, the company has full rights to recover the expenses
incurred to train that employee if he/she resigns before completion of 6 months of the training
tenure.
8.19 Notwithstanding the above, Employment Agreement can be terminated on the following grounds:
8.19.1 Employee being found guilty of any dishonesty, misconduct, willful neglect of duty or other
conduct amounting to gross misconduct with fellow colleagues or seniors;
8.19.2Employee committing a material breach of the terms and conditions of this Employment
Agreement:
8.19.3 Employee being convicted of any offence involving moral turpitude or defined under the
Indian Law,
7.8.7 Misconduct or insubordination on the part of the Employee,
7.8.8 Infringement of any Company rules and regulations by the Employee.
The Employee shall be liable to be dismissed or discharged forthwith notwithstanding the
rights and without giving any notice, which the Company may otherwise have against the
Employee in case of any loss (grave or remote) caused by the employee during the course of
his/her employment and the losses will be borne by him/her by way of damages which shall
be calculated by the management of the company.
10. MISCELLANEOUS
10.1 This Employment Agreement contains a complete statement of all the arrangements between the
Company and the Employee with respect to its subject matter and supersedes all previous
agreements, written or oral relating to the subject matter of this Employment Agreement, and
cannot be modified, amended, or terminated orally.
10.2 That this employment agreement may be amended or cancelled by mutual agreement of the
parties and without consent of any other person and, so long as the employee lives, no person,
other than the parties hereto, shall have any rights under or interest in this Agreement.
10. JURISDICTION
10.1 This Employment Agreement shall be governed by and construed in accordance with the laws of
Kanpur UP (India).
10.2 In cases if any dispute arises that is of administrative trivial nature, then the same shall be
referred to the board, thus the decision of the board will be final and binding on the parties.
IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their respective hands the day
and year first hereinabove written.
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