EMPLOYMENT AGREEMENT

This Employment agreement (hereinafter the “Agreement”) is entered into on this day [DATE ON WHICH THE AGREEMENT COMES INTO FORCE] between

[INSERT NAME OF THE EMPLOYER], having registered office at [INSERT ADDRESS OF THE EMPLOYER], hereinafter referred to as the “Employer”) which expression shall, unless repugnant to the meaning or context hereof, be deemed to include all permitted successors and assigns) and

[INSERT NAME OF THE EMPLOYEE], presently residing at [INSERT ADDRESS OF THE EMPLOYEE] hereinafter referred to as the "Employee"), which expression shall, unless repugnant to the meaning or context hereof, be deemed to include all permitted successors and assigns).

The Employer and the Employee are hereinafter jointly referred to as the “Parties” and individually as a “Party”.

WHEREAS;

1. The Company has offered to employ you in the capacity of [INSERT POSITION OF THE EMPLOYEE]
2. You are desirous of and willing to be employed by the company in such capacity.

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:

1. DEFINITIONS
   1. “Agreement” includes the recitals and any amendments made to this employment agreement by the Parties in writing;
   2. “Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, bye law, permits, licenses, approvals, consents, authorizations, government approvals, directives, guidelines, requirements or other governmental restrictions, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority having jurisdiction over the matter in question, whether in effect as of the Effective Date or thereafter,.
   3. “Termination date” the date on which the employment ceases.
2. POSITION
   1. Upon execution of this Agreement, the employee would be posted as the [INSERT POSITION OF THE EMPLOYEE] of the Company.
   2. During the term period of this Agreement, the Employer may change the employee's above mentioned post (or position) or location based on the Company's production, operation or working requirements or according to the employee's working capacities and performance, including but not limited to adjustments made to the employee's job description or work place, promotion, work transfer at the same level, and demotion, etc., or adjustments made to the employee's responsibilities without any change to the employee's post (or position).
3. TERM AND PROBATION PERIOD
   1. It is understood and agreed that the initial [INSERT DAYS/MONTHS OF PROBATION PERIOD] of employment shall constitute a probationary period (“Probationary Period”) during which period the Employer may, in its absolute discretion, terminate the Employee's employment, without assigning any reasons and without notice or cause.
   2. After the end of the Probationary Period, the Employer may decide to confirm the Employment of the Employee, in its sole discretion.
   3. The employment agreement between the employer and the employee shall continue until terminated by the employer, subject to the terms and conditions outlined in this agreement.
4. PERFORMANCE OF DUTIES
   1. The Employee shall devote his / her efforts and his / her full business time and attention to the performance of such duties and responsibilities as may be assigned to him/her from time to time by the Employer and in this regard follow all instructions issued or given by the Director of the Company or by a Manager Immediately Senior to the Employee.
   2. The Employee shall maintain proper dignity of the company’s office and deal the matter with sobriety.
   3. The Employee shall devote his/her best efforts and all of his/her business time to the performance of his/her duties under this Employment Agreement and shall perform them faithfully, diligently and competently, in a manner consistent with the policies of the Company as determined from time to time by the Director of the Company and shall directly report to the immediate Head or Senior in hierarchy. The Employee whilst working with the Company shall not, except with the prior written consent of the Board of Directors engage in activities outside the scope of his /her employment and shall fulfill his /her res possibilities or duties under this Employment Agreement.
   4. That during the Employment period, the employee without consent of the Employer/company in writing shall not sign on any documents or commit on behalf of the company without mutual consent. If the employee violates the same, then consequently in case if any liability arises then the company shall not be responsible for it in any circumstances.
   5. That the employee services will be governed by the rules and regulations of the company as in force from time to time and also as per certified model. The Employer can modify the Agreement or Rules and Regulations from time to time and the modification will be applicable from the same day.
5. OBLIGATIONS OF THE EMPLOYEE
   1. 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 Company shall not be liable for such an act done at his own risk.
   2. The Employee further promises to never engage in any theft of the Employer’s property or attempt to defraud the Employer in any manner.
   3. The Employee shall always ensure that his/her conduct is in accordance with all the rules, regulations and policies of the Company as notified from time to time.
   4. 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 Company.
   5. The Employee shall always ensure that his/her conduct is in accordance with all the rules, regulations and policies of the Company as notified from time to time, including but not limited to Leave Policy and Sexual Harassment Policy.
   6. The Employer hereby prohibits the Employee from engaging in any sexual harassment and the Employee promises to refrain from any form of sexual harassment during the course of employment in and around the premise of employment. If the Employee violates this term in the agreement, he shall be fully responsible for his/her actions and the Employer shall not be held responsible for any illegal acts committed at the discretion of the Employee.
6. COMPENSATION
   1. Subject to the following provisions of this Agreement, during the Employment Period, the Employee shall be compensated for his services as follows:
      1. The Employee shall receive an annual salary, payable in monthly or more frequent installments, as per the convenience of the Employer, an amount of [INSERT COMPENSATION AMOUNT] per [ANNUM/MONTH], subject to such increases from time to time, as determined by the Employer. Such payments shall be subject to such normal statutory deductions by the Employer.
      2. 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.
      3. All reasonable expenses arising out of employment shall be reimbursed assuming that the same have been authorized prior to being incurred and with the provision of appropriate receipts.
7. LEAVE POLICY
   1. The Employee is entitled to [INSERT NUMBER OF PAID LEAVES] of paid casual leaves in a year and [INSERT NUMBER OF SICK LEAVES] of sick leave. In addition, the Employee will be entitled to public holidays mentioned under the Leave Policy of the Employer.
   2. The Employee may not carry forward or encash any holiday to the next holiday year.
   3. In the event that the Employee is absent from work due to sickness or injury, he/she will follow the Leave Policy and 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.
   4. If the Employee is absent from work due to sickness or injury for more than three consecutive days he/she must submit to the Employer a self-certification form. If such absence lasts for more than seven consecutive days the Employee must obtain a medical certificate from his/her doctor and submit it to the employer.
   5. 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 Friday.
8. CONFIDENTIALITY
   1. The Employee shall not, directly or indirectly, either during the term of the Employee’s 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 worldwide, their operations or affairs unless such information has become public knowledge other than by reason of actions (direct or indirect) of the Employee.
   2. 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.
   3. During the course of employment, any such creation, innovation or any such intellectual property shall be exclusive property of the Company.
   4. 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.
   5. That the Employee will maintain proper dignity as well as decorum of the 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. The agreement shall revive and apply again from time to time post completion of Two-Year period.
   7. When the Employee’s employment with the Company is terminated, he/she shall return to the Company all business documentation, devices, 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.
9. TERMINATION
   1. In case the Employer terminates the employment without just cause, in which case the Employer shall provide the Employee with advance notice of termination equal to [INSERT DAYS OR MONTHS FOR TERMINATION NOTICE].
   2. The Employee may terminate his employment at any time by providing the Employer with at least [INSERT PERIOD FOR ADVANCE NOTICE FOR INTENTION OF RESIGNATION] advance notice of his intention to resign.
   3. It is clarified that upon termination of this Agreement, the Employee shall cease to be an Employee of the Company. The management of the Company reserves the sole right to extend the termination of this Agreement.
   4. Upon termination of this Agreement, the Employee shall hand over all documents and materials constituting the property of the Company, including any proprietary rights, Intellectual Property Rights and Confidential Information, which may be in the possession of the Employee at the time of termination of this Agreement.
   5. Termination of this Agreement for any reason shall not entitle the Employee to any compensation for loss of office and he shall only be entitled to such dues as may be contractually or statutorily payable in terms of this Agreement.
   6. That if the employee commits any offence punishable under the [INSERT COUNTRY/STATE OF APPLICABLE LAWS] 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.
   7. 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. Notwithstanding the above, Employment Agreement can be terminated on the following grounds:
      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;
      2. Employee committing a material breach of the terms and conditions of this Employment Agreement;
      3. Employee being found to be medically unfit or,
      4. Employee being declared a bankrupt or insolvent or,
      5. Employee being convicted of any offence involving moral turpitude or defined under the [INSERT STATE/COUNTRY OF APPLICABLE LAWS] Law,
      6. Misappropriation of the Company’s monies or property by the Employee or; Misconduct or insubordination on the part of the Employee,
10. NON SOLICIT AND NON COMPETE
    1. The Employee covenants and agrees that during the course of his employment starting from the Effective Date the Employee shall not:
       1. carry on or participate (whether as a partner, shareholder, principal, agent, director, employee or consultant) in any business and/ or activity which is the same as or substantially similar to the Business, including in the business of any Competitor, other than through the Company;
       2. render any services to a Competitor or enter into employment with any of the Competitors;
       3. Following the termination 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 [INSERT PERIOD FOR NON SOLICITATION] years following the said termination or voluntary withdrawal, 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.
       4. During the Term of this Agreement and for a period of [INSERT PERIOD FOR NON COMPETITION] year after the termination of this Agreement, the Employee agrees not to engage in any employment, consulting, or other activity that competes with the business, proposed business or business interests of the Employer, without the Employer’s prior written consent.
11. REMEDIES
    1. If at any time the Employee violates to a material extent any of the covenants or agreements set forth in sections 4,5,8,9 and 10 the Company 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 section 8 or 10 and agrees that the Company shall be entitled to an injunction restraining the Employee from any actual or threatened breach of sections 4,5,8,9 and 10 or to any other appropriate equitable remedy without any bond or other security being required.
12. NON-ASSIGNMENT
    1. The interests of the Employee under this Agreement are not subject to the claims of his creditors and may not be voluntarily or involuntarily assigned, alienated or encumbered.
13. SUCCESSORS
    1. This agreement shall be assigned by the Employer to any successor employer and be binding upon the successor employer. The Employer shall ensure that the successor employer shall continue the provisions of this agreement as if it were the original party of the first part.
14. INDEMNIFICATION
    1. The Employee shall indemnify 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 defense 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.
15. MODIFICATION
    1. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.
16. SEVERABILITY
    1. Each paragraph of this agreement shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this agreement.
17. PARAGRAPH HEADINGS
    1. The titles to the paragraphs of this Agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.
18. APPLICABLE LAW AND JURISDICTION
    1. This Agreement shall be governed by and construed in accordance to the applicable Law. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of [INSERT COUNTRY/STATE FOR APPLICABLE LAWS] for the adjudication of any dispute hereunder or in connection herewith.
19. COUNTERPARTS
    1. The Agreement may be executed in two or more counterparts, any one of which shall be deemed the original without reference to the others.

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.

Signed, sealed and delivered on behalf of Employer

Name: [NAME OF EMPLOYER/SIGNING AUTHORITY AND DESIGNATION]

Signature:

Date: [SIGNING DATE OF EMPLOYER]

Signed, sealed and delivered on behalf of Employee

Name: [NAME OF EMPLOYEE/SIGNING AUTHORITY AND DESIGNATION]

Signature:

Date: [SIGNING DATE OF EMPLOYEE]