Employment Agreement
Employment Agreement
This agreement lays down the terms of employment, agreed upon by the
employer and employee. Whether stated explicitly in the agreement or
not, both the employee and the employer have the duty of mutual
confidence and trust, and to make only lawful and reasonable
demands on each other.
__________________________________________________________
This EMPLOYMENT AGREEMENT (Hereinafter, the “Agreement”)is
entered into on this We,
BY AND BETWEEN
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atPlot No:402, Nehru Nagar, SANTHINAGAR COLONY,Srikakulam,
Srikakulam, Srikakulam, Andhra Pradesh, India,532001, (hereinafter
referred to as the “Company” or “Employer”, which expression shall,
unless repugnant to the meaning or context hereof, be deemed to include
all permitted successors and assigns),
AND
SHRADDHA SANJAY DESAI daughter of SANJAY NANASAHEB DESAI
aged 23 years and residing at Sr.No 79/2, Om Niwas, Samrath Nagar,
Near Tannu School, New Sangvi, Pune City, Anudh Camp, Pune city,
Maharastra- 411027 (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).
1. Interpretation
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sensitive and which is not in the public
domain (other than through the wrongful
disclosure by the Employee) and which
belongs to any Group Company (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 Company, or to which any
Group Company owes a duty of
confidentiality to any third party and
including in particular [insert specific
named items of Confidential
Information];
2. Position
a. Upon execution of this Agreement, the employee would be posted as
the Production manager with quality control and Fashion
designing services of the Company.
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b. During the term period of this Agreement, the Company 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 employee's post (or position).
4. 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
Company and shall perform the duties assigned to him/her faithfully
and efficiently, and shall endeavor, to the best of his/her abilities to
achieve the goals and adhere to the parameters set by the Company.
b. The Employee shall be responsible for:
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5. Compensation
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d. 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.
e. 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.
f. 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.
7. Leave Policy
a. The Employee is entitled to one day of paid casual leaves in a month .
In addition, the Employee will be entitled to public holidays mentioned
under the Leave Policy of the Employer.
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 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.
d. 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
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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 Friday.
8. Assignment
a. The Employee acknowledges that any work including without
limitation inventions, designs, ideas, concepts, drawings, working
notes, artistic works 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.
9. Competing Businesses
During the Term of this Agreement and for a period of one (1) year after
the termination of this Agreement, the Employee agrees not to engage in
any employment, consulting, or other activity involving, that competes
with the business, proposed business or business interests of the
Employer, without the Employer’s prior written consent.
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10. Confidentiality
a. The Employee acknowledges that, in the course of performing and
fulfilling his duties hereunder, he may have access to and be entrusted
with confidential information concerning the present and
contemplated financial status and activities of the Employer, the
disclosure of any of which confidential information to the competitors
of the Employer would be highly detrimental to the interests of the
Employer.
b. The Employee further acknowledges and agrees that the right to
maintain the confidentiality of trade secrets, source code, website
information, business plans or client information or other confidential
or proprietary information, for the purpose of enabling the other party
such information constitutes a proprietary right which the Employer is
entitled to protect.
c. Accordingly, the Employee covenants and agrees with the Employer
that he will not, under any circumstance during the continuance of
this agreement, disclose any such confidential information to any
person, firm or corporation, nor shall he use the same, except as
required in the normal course of his engagement hereunder, and even
after the termination of employment, he shall not disclose or make use
of the same or cause any of confidential information to be disclosed in
any manner.
d. The Employer owns any intellectual property created by the Employee
during the course of the employment, or in relation to a certain field,
and he shall thereon have all the necessary rights to retain it. After
termination of employment, Employee shall not impose any rights on
the intellectual property created. Any source code, software or other
intellectual property developed, including but not limited to website
design or functionalitythat was created by the employee, during the
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course of employment under this Agreement, shall belong to the
Employer.
11. Remedies
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insubordination or disobedience, theft, fraud or dishonesty, wilful
damage or loss of Employer’s property, bribery and habitual lateness
or absence, or any other willful and material breach of this
Agreement.
14. Notices
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date of mailing. Either party may change its address for notice at any
time, by giving notice in writing to the other party pursuant to the
provisions of this agreement.
15. Non-Assignment
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.
16. Successors
17. Indemnification
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.
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18. Modification
19. Severability
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.
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.
21. Counterparts
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.
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____________________ ___________________
(Employee) (The Employer)
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