EMPLOYMENT AGREEMENT | CONTRACT | FORMAT:- OurLegalWorld
This EMPLOYMENT Agreement (this “Agreement”) is entered into as of [[Effective Date]] (the ‘’Effective Date’’).
BETWEEN: [[Entity: Choice(“company”, “corporation”, “limited liability partnership”, “limited partnership”, “proprietorship firm”)]], a company, duly incorporated and registered under the Companies Act, 1956, with its principal place of business located at [[Company Address]], (the “Company”), through its [[Authorised signatory: Name of the Person]], (the “Employer”).
AND: [[Entity: Choice ((Name of the person(s)), (“company”, “corporation”, “limited liability partnership”, “limited partnership”, “proprietorship firm”)]], (the “Agency”), a company, duly incorporated and registered under the Companies Act, 1956, with its principal place of business located at [[Company Address]], (the “Company”), through its [[Authorised signatory: Name of the Person]], (the “Employee”).
WHEREAS the Employer desires to appoint a suitable person to the post of the Manager for his firm,
And WHEREAS Employee desires to render such services on the terms and conditions set forth.
NOW THEREFORE in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
The Employee agrees that he will at all times faithfully, industriously, and to the best of his skill, ability, experience and talents, perform all of the duties required of his position. In carrying out these duties and responsibilities, the Employee shall comply with all Employer policies, procedures, rules and regulations, both written and oral, as are announced by the Employer from time to time. It is also understood and agreed to by the Employee that his assignment, duties and responsibilities and reporting arrangements may be changed by the Employer in its sole discretion without causing termination of this agreement.
- POSITION TITLE
As a [[Position]], the Employee is required to perform the following duties and undertake the following responsibilities in a professional manner.
(1) – [[Duties]]
(5) Other duties as may arise from time to time and as may be assigned to the employee.
(1) As full compensation for all services provided the employee shall be paid at the rate of [[Amount]]. Such payments shall be subject to such normal statutory deductions by the Employer (may wish to include bonus calculations or omit in order to exercise discretion).
- The salary mentioned in paragraph (l) (a) shall be review on an annual basis.
- All reasonable expenses arising out of employment shall be reimbursed assuming same have been authorized prior to being incurred and with the provision of appropriate receipts.
The Employee shall be entitled to vacations in the amount of [[Time period]] weeks per annum.
The Employer shall at its expense provide the Employee with the Health Plan that is currently in place or as may be in place from time to time.
- PROBATION PERIOD
It is understood and agreed that [[Time Period]] of employment shall constitute a probationary period during which period the Employer may, in its absolute discretion, terminate the Employee’s employment, for any reason without notice or cause.
- Performance Reviews
The Employee will be provided with a written performance appraisal at least once per year and said appraisal will be reviewed at which time all aspects of the assessment can be fully discussed.
- The Employee may at any time terminate this agreement and his employment by giving not less than [[Time Period]] written notice to the Employer.
- The Employer may terminate this Agreement and the Employee’s employment at any time, without notice or payment in lieu of notice, for sufficient cause.
- The Employer may terminate the employment of the Employee at any time without the requirement to show sufficient cause pursuant to (b) above, provided the Employer pays to the Employee an amount as required by the Employment Standards Act 2000 or other such legislation as may be in effect at the time of termination. This payment shall constitute the employees entire entitlement arising from said termination.
- The employee agrees to return any property of at the time of termination.
- NON- COMPETITION
(1) It is further acknowledged and agreed that following termination of the employee’s employment with [[Employer Name]] for any reason the employee shall not hire or attempt to hire any current employees of [[Employer Name]].
(2) It is further acknowledged and agreed that following termination of the employee’s employment with [[Employer Name]] for any reason the employee shall not solicit business from current clients or clients who have retained.
The Employer/ Employee shall not, in any fashion, form, or manner, either directly or indirectly:
- Disclose or communicate to any party any information relating to the Employer’s business or the Product including (but not limited to) customer lists, price points, or marketing plans (the “Confidential Information”);
- Duplicate any Confidential information;
- Use any Confidential Information other than solely for the benefit of the Employer’s business; or
- Assist a third party in using any Confidential Information in any manner but solely for the benefit of the Employer.
- All disclosures of Confidential Information by one Party to the other are made solely on a confidential basis and as trade secrets. Accordingly, each Party shall maintain the confidentiality of all Confidential Information during the Initial Term and any Renewal Term and at all times thereafter, irrespective of the manner or method in which it is terminated.
- The employer also undertakes not to disclose any confidential information relating of the employee which he may have obtained during the course of the employment of the employee.
- [[Additional Clause: Type Information Here]]
- Any notice provided for or permitted in this Agreement shall be in writing and will be deemed to have been given [[Minimum number of Days after Mail: Number]] days after having been mailed, postage pre-paid, by certified or registered mail or by recognized overnight delivery services, except in the case of a postal or other strike affecting the service used whereupon notice will be deemed to have been given [[Minimum number of Days for Service of Notice: Number]]days after normal service resumes.
- Where personal service is made or where delivery is made by facsimile and a receipt thereof has been retained, any notice provided for or permitted in this Agreement will be deemed to have been given when received by the intended recipient. The intended recipient must be an individual whose personal name appears on the address set out in the notice.
- Addressing and delivery is to be made as follows:
- If to: Employer
- If to : the Employee
- The parties may communicate other addresses where notice must be sent to from time to time. Such communication shall be in writing and shall have the effect of replacing the address. No change of address effected under this section shall in any way affect the operation of any term, other than the delivery address, in this Agreement.
- DISPUTE RESOLUTION – ARBITRATION:
- In the event of any dispute, difference or controversy arising between the Employer/Employee in the performance, interpretation, implementation or application of this agreement, the parties will first attempt to resolve their differences mutually but failing mutual settlement dispute, difference or controversy arising, either Party may request that such disputes be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (“ the Act of 1996”) and the rules made there under, as amended from time to time.
- The Seat of Arbitration will be in [[Place]] and all Arbitration proceedings will be conducted in [[Place]].
- GENERAL PROVISIONS
- Entire Agreement & Amendments
This Agreement hereto constitutes the entire agreement and understanding between the parties relating to the subject matter hereof, and supersedes all other agreements, oral or written, made between the parties with respect to such subject matter. Except as provided herein, this Agreement may not be amended or modified in any way except by a written instrument signed by both Parties.
- Applicable law
This Agreement shall be governed by and interpreted in accordance with the laws of the India, without reference to its conflict of law provisions, and the laws of India applicable therein. All disputes arising under this Agreement will be referred to the courts situated in India which will have jurisdiction, and each Party hereto irrevocably submits to the jurisdiction of such courts.
All references to monetary amounts in this Agreement shall be to Indian currency.
Unless given prior written consent by the parties, which consent may require a payment to the party, each Party agrees that it will not, during the Initial Term, knowingly solicit or hire any employee of the other Party who is directly involved in providing the Services herein.
If for any reason whatsoever, any term or condition of this Agreement or the application thereof to any Party or circumstance is, to any extent, invalid or unenforceable, all other terms and conditions of this Agreement and/or the application of such terms and conditions to the parties or circumstances shall not be affected thereby and shall be separately valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at [[Place of Execution]] on the date indicated above.
**[[Party A | Uppercase]]** **[[Party B | Uppercase]]**[[Party A Signatory Email: Identity | Signature]] [[Party B Signatory Email: Identity | Signature]]
By: [[Party A Signatory Name]] By: [[Party B Signatory Name]]
Title: [[Party A Signatory Title]] Title: [[Party B Signatory Title]]
- [[Name of the Witness: Witness A]] _______________________
- [[Name of the Witness: Witness B]] _______________________
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