AGREEMENT FOR EMPLOYMENT
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An AGREEMENT made on this ---------- day of -------
BETWEEN
---------------represented by its Managing Director ---------------
(hereinafter called the ‘Employer” of the One Part and ---------------- (hereinafter called the “Employee” of the Other Part.
1. The Employer is engaged in the business of training and maintains business premises at ------ --------.
2. The employer wants to appoint a suitable person to work as ------------ for his business concern;
3. The Employee, the party of the Other Part, has agreed to serve as ---------------- for the business concern on the terms and conditions hereinafter set forth. NOW this agreement witnesseth and the parties hereto and hereby agree as follows:
1. AGREEMENT TO EMPLOY AND BE EMPLOYED The Employer hereby employs the Employee as------------- at -------------------- and the Employee hereby accepts and agrees to such employment.
2. DESCRIPTION OF EMPLOYEE’S DUTIES Subject to the supervision and pursuant to the orders, advice, and direction of the Employer, the Employee shall perform such duties as are customarily performed by one holding such position in business concern. The Employee shall additionally render such other and unrelated services and duties as may be assigned to him from time to time by employer
3. MANNER OF PERFORMANCE OF EMPLOYEE’S DUTIES The Employee shall at all times faithfully, industriously, and to the best of his/her ability, experience, and talent, perform all duties that may be required of and from him/her pursuant to the express and implicit terms hereof, to the reasonable satisfaction of employer. Such duties shall be rendered at the abovementioned premises and at such other place or places as employer shall in good faith require or as the interests, needs, business, and opportunities of employer shall require or make advisable.
4. DURATION OF EMPLOYMENT 193 The term of employment shall commence on ------------------ and continue till such date the Employee works in the business concern subject, however, to prior termination as provided in Clause 9 hereof or by resignation by the Employee. In case of resignation, the Employee shall give one month prior notice to the Employer and on failure to do so, shall forego his salary for the notice period.
5. REMUNERATION The Employer shall pay a salary of ------------- to the Employee for the services rendered to the business concern. The details of the salary are mentioned in Annexure A of the document. In addition to the foregoing, the employer shall also reimburse the expenses incurred by the Employee while travelling for and on behalf of the Employer pursuant to the employer’s direction.
6. EMPLOYEE’S LOYALTY TO EMPLOYER’S INTEREST The Employee shall devote all his time, attention, knowledge, and skill solely and exclusively to the business and interests of the Employer, and the Employer shall be entitled to all benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of the Employee. The Employee expressly agrees that during the term hereof he will not be interested, directly or indirectly, in any form, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business similar to the employer's business or any allied trade, except that nothing herein contained shall be deemed to prevent or limit the right of employee to invest any of his surplus funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange.
7. NON-DISCLOSURE OF BUSINESS INFORMATION The Employee will not at any time, in any form or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of employer, including, without limitation, the names of any its customers, the prices it obtains or has obtained, or at which it sells or has sold its products, or any other information concerning the business of employer, its manner of operation, or its plans, processes, or other date of any kind, nature, or description without 194 regard to whether any or all of the foregoing matters would be deemed confidential, material, or important. The parties hereby stipulate that, as between them, the foregoing matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of employer, and its good will, and that any breach of the terms of this section is a material breach of this agreement
8. LEAVE The Employee will be entitled for one day leave for a completed month of service. Apart from this the employee will also be entitled to medical leave of 15 days in a year subject to submission of medical certificate in case the medical leave period exceeds three days.
9. TERMINATION OF SERVICE i. The Employer shall terminate the services of the Employee without any previous notice, if the employer is satisfied based on medical evidence that the employee is unfit and is likely for considerable period to continue to be unfit by reason of ill health for discharge of his/her duties. ii. The Employer shall terminate the services of the Employee without any previous notice, if the Employee is found guilty of any in-subordination, intemperance, moral turpitude or other misconduct or of any breach or non performance of any of the provisions of these conditions, or if otherwise found unsuitable for the efficient performance of his /her duties.
10. SETTLEMENT OF DISPUTE Any claim or controversy that arises out of or relates to this agreement, or the breach of it, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and relevant labour legislations.
11. WAIVER OR MODIFICATION EFECTIVE ONLY IN WRITING No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties 195 arising out of or affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.
12. AGREEMENT GOVERNED BY LAW This agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of -----------, India.
13. BINDING EFFECT OF AGREEMENT This agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors, and assigns.
IN WITNESS WHEREOF On behalf of the party of the ONE PART and by the party of the OTHER PART have hereto and hereby set their hands the day, month and year above mentioned:
1. Signature of the Party of the ONE PART (Employer)
2. Signature of the Party of the OTHER PART (Employee) In the presence of
1. ------------- (Name, designation and address)
2. ------------- (Name, designation and address) 196 16b.
FORM FOR AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEES FOR REFERENCE OF DISPUTES TO ARBITRATION AGREEMENT BETWEEN Names of the Parties; Representing employers: Representing workmen/workman: It is hereby agreed between the parties to refer the following dispute to the arbitration of .............................. [here specify the name(s) and addressees) of the arbitrator(s)]:
Specific matters in dispute;
Details of the parties to the dispute including the name and address of the establishment or undertaking involved;
Name of the workman in case he himself is involved in the dispute or the name of the Union, if any, representing the workmen or workman in question;
(iv) Total number of workmen employed in the undertaking affected;
Estimated number of workmen affected or likely to be affected by the dispute. We further agree that the majority decisions of the arbitrator(s) be binding on us. In case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us. 197 The arbitrator(s) shall make his (their) award within a period of ............................ (here specify the period agreed upon by the parties) or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration. Signature of the parties. Representing employer. Workman/Representing
WORKMAN / WORKMEN WITNESSES; (1) (2) Copy to: (i) The Assistant Labour Commissioner (Central), .................. (here enter office address of the Conciliation Officer in local area concerned). (ii) The Regional Labour Commissioner (Central)........................... (iii) The Chief Labour Commissioner (Central), New Delhi. (iv) The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi
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