Employment Agreement’s format is given below.
This EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”)is entered into on this ___ day of ________, 20XX,
By and Between
ABC, a sole proprietorship, having its registered office at __________________. (hereinafter referred to as the “Employer”/ “Firm’).
XYZ aged ____ years and residing at ________________________ (hereinafter referred to as the “Employee”).
WHEREAS the employer was looking for a person having knowledge in the field of ___________ and whereas the employee is well sufficed about the same.
AND WHEREAS, the parties hereto desire to enter into this Agreement to define and set forth the terms and conditions of the employment of the Employee by the Employer;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by the Employer and the Employee as follows:
In this agreement the following terms shall have the following meanings:
A) “Confidential Information”: any trade secret or other information which is confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by the Employee) and which belongs to any Group Employer (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the business methods, management systems, marketing plans, strategic plans, finances, new or maturing business opportunities, marketing activities, processes, inventions, designs or similar of any Group Employer, or to which any Group Employer owes a duty of confidentiality to any third party and including in particular ______________ (Confidential Information)
B) “Date of Commencement” shall mean the date of signing of this agreement by the employee and the employer.
C) “Employment Period” shall be for a period of six months commencing from the commencement date.
D) “The Employment” the employment of the Employee by the Employer in accordance with the terms of this agreement;
E) “Termination Date”: the date on which the Employment ceases. In case of any conflict, the interpretation as accorded by the Employer shall prevail.
2. Obligations of the Employee
A) Upon execution of agreement, the Employee shall not engage in any sort of theft, fraud, misrepresentation or any other illegal act neither in the employment space nor outside the premise of employment. If he/she shall do so, the Employer shall not be liable for such an act done at his own risk.
B) The Employee further promises to never engage in any theft of the Employer’s property or attempt to defraud the Employer in any manner.
C) The Employee shall not take up part-time or full-time employment or consultation with any other party or be involved in any other business during the term of his/her employment with the Employer.
3. Performance of Duties
A) The Employee agrees that during the Employment Period, he/she shall devote his/her full business time to the business affairs of the Employer and shall perform the duties assigned to him/her faithfully and efficiently, and shall endeavour, to the best of his/her abilities to achieve the goals and adhere to the parameters set by the Employer.
B) The Employee shall be responsible for delivering the assigned work within the stipulated time given to her by the employer.
C) The Employee shall be liable to perform all the work assigned to her by the Employer but not limited to making of designs and content creation.
A) The Employee acknowledges that any work including without limitations any work in the field of _________ that the Employee may individually or jointly conceive or develop during the term of Employment are “works made for hire” and to the fullest extent permitted by law, Employee shall assign, and does hereby assign, to the Employer all of Employee’s right, title and interest in and to all Intellectual Property improved, developed, discovered or written in such works.
B) Employee shall, upon request of the Employer, execute, acknowledge, deliver and file any and all documents necessary or useful to vest in the Employer all of Employee’s right, title and interest in and to all such matters.
5. Salary and Perks
A) The Employee shall be paid a remuneration of INR ____________ per month during the period of employment.
B) The Employee acknowledges that the firm at any time may deduct from her/his basic salary, or such other amounts as may be owed to the employee, any sums that may be owed by the employee to the firm including, but not limited to, overpayment of annual leave, unauthorised expense and outstanding loans.
C) During the term of this Agreement, the employee’s salary shall be paid by means of bank transfer, cheque, or any other method convenient to the Employer, and consented to by the Employee.
6. Confidential Information
A) The employee acknowledges that during the Employment period he/she shall have access to Confidential Information.
B) The employee agrees that he/she will not (other than in the proper course of her/his duties under this agreement), either during the Training Period or at any time thereafter (unless authorised to do so by the Firm in writing) directly or indirectly
(i) use for her/his own benefit or the benefit of any third party or
(ii) disclose or permit the disclosure of any Confidential Information including but not limited to the client information, drafts prepared, judgments researched and formats/style of office practices.
C) The employee agrees that (s)he will at all times make her/his best endeavour to protect the Confidential Information and prevent the unlawful disclosure or publication of it by any mode including email and telephone. The employee shall be legally bound to report any incident of leakage of confidential information by a peer either intentionally or erroneously.
D) The employee agrees that (s)he will not attempt either on his/her own or through anyone else to access the e-resources including the common email addresses and web portals without prior approval of the Firm.
E) Any breach of the conditions stipulated in the said clause shall be treated as a serious misconduct on the part of the employee and make him liable for pecuniary damages as well as penal liability.
F) This part of the agreement shall be treated and construed as an agreement in itself and shall be perpetual in duration irrespective of the duration of the employment agreement.
7. Leave Policy
A) The Employee is entitled to _____days of paid casual leaves in a month. In addition, the Employee will be entitled to leave on public holidays and Sunday.
B) The Employee may not carry forward or encash any holiday to the next holiday year.
C) In the event that the Employee is absent from work due to sickness or injury, he/she shall inform the designated person as soon as possible and will provide regular updates as to his/her recovery and as far as practicable will inform the designated person of the Employer of his/her expected date of return to work.
D) If the Employee is absent from work due to sickness or injury for more than ___ consecutive days he/she must submit to the Employer a self-certification form. If such absence lasts for more than _____ consecutive days the Employee must obtain a medical certificate from his/her doctor and submit it to the employer.
E) For any period of absence due to sickness or injury the Employee will be paid statutory sick pay only, provided that he satisfies the relevant requirements. The Employee’s qualifying days for statutory sick pay purposes are Monday to Saturday.
8. Competing Businesses
During the Term of this Agreement, the Employee agrees not to engage in any employment, consulting, or other activity involving the same business model as that of the employer that competes with the business, proposed business or business interests of the Employer, without the Employer’s prior written consent.
A) If at any time the Employee violates to a material extent any of the covenants or agreements set forth the firm shall have the right to terminate all of its obligations to make further payments under this Agreement. The Employee acknowledges that the Company would be irreparably injured by a violation of the terms mentioned in this agreement and agrees that the Company shall be entitled to an injunction restraining the Employee from any actual or threatened breach of any of the terms mentioned in this agreement or to any other appropriate equitable remedy without any bond or other security being required.
10. Termination of Employment
A) Unless terminated earlier this agreement shall be valid for a period of ______ months from the date of commencement of this agreement.
B) The Company shall be entitled to terminate the services of the Employee after serving a Notice of _____ days during the period of employment.
C) The Company shall be further entitled to terminate the services of the Employee after his confirmation. However, the period of Notice of termination in such a case shall be one month or salary in lieu of the Notice.
D) The Employee shall be entitled to terminate his services with the Company after serving on the Company a Notice of ____ days and after his confirmation a Notice of _________ months.
11. Restrictive Covenant
A) Following the termination/ end of employment period of employment of the Employee by the Employer, with or without cause, or the voluntary withdrawal by the Employee from the Employer, the Employee shall, for a period of _____ years following the said termination or voluntary withdrawal or end of employment period, refrain from either directly or indirectly soliciting or attempting to solicit the business of any client or customer of the Employer for his own benefit or that of any third person or organization, and shall refrain from either directly or indirectly attempting to obtain the withdrawal from the employment by the Employer of any other Employee of the Employer having regard to the same geographic and temporal restrictions. The Employee shall not directly or indirectly divulge any financial information relating to the Employer or any of its affiliates or clients to any person whatsoever.
A) The employee represents and warrants that it will perform the services using reasonable care and skill for a person in their field of interest and that any results, end products, given by the Employee to the Employer under the terms and conditions of this agreement will not infringe on or violate the intellectual property rights or any other right of any third party.
A) The Employee hereby indemnifies the employer against any and all expenses, including amounts paid upon judgments, counsel fees, environmental penalties and fines, and amounts paid in settlement (before or after suit is commenced), incurred by the employer in connection with his/her defence or settlement of any claim, action, suit or proceeding in which he/she is made a party or which may be asserted against his/her by reason of his/her employment or the performance of duties in this Agreement. Such indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, by-law, agreement, or otherwise.
B) The employee also assures that if any work that is delivered by him/her is of her own creation and any case being filed against the said creations done by her then the costs, damages and compensation arising out of the said case shall be borne by the Employee.
14. Applicable Law and Jurisdiction
A) This Agreement shall be governed by and construed in accordance with the laws of India. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of __________, for the adjudication of any dispute hereunder or in connection herewith.
IN WITNESS WHEREOF, the Employee has hereunto set his hand, and the Company has caused these presents to be executed in its name and on its behalf, all as of the day and year first above written.
(Employee) (The Employer)
Name: ________________ Represented By