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Employment Agreement

This Employment Agreement outlines the terms of employment between Sheekclothing Private Limited and employee Shraddha Sanjay Desai, including job responsibilities, compensation, and obligations. The agreement includes clauses on confidentiality, termination, and non-compete provisions, ensuring mutual trust and lawful conduct. It also specifies the probationary period, leave policy, and conditions for modification and severability of the agreement.
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0% found this document useful (0 votes)
7 views

Employment Agreement

This Employment Agreement outlines the terms of employment between Sheekclothing Private Limited and employee Shraddha Sanjay Desai, including job responsibilities, compensation, and obligations. The agreement includes clauses on confidentiality, termination, and non-compete provisions, ensuring mutual trust and lawful conduct. It also specifies the probationary period, leave policy, and conditions for modification and severability of the agreement.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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

M/s SHEEKCLOTHING PRIVATE LIMITED, a private limited company


incorporated under the Companies Act, 2013, having its registered office

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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).

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 Company;

NOW, THEREFORE, in consideration of the mutual covenants and


agreements set forth below, it is hereby covenanted and agreed by the
Company and the Employee as follows:

1. Interpretation

In this agreement the following terms shall have the following


meanings:

a) “Confidential any trade secret or other information


Information” which is confidential or commercially

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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];

b)“The Employment” the employment of the Employee by the


Company in accordance with the terms
of this agreement;

c)“Termination Date” the date on which the Employment


ceases.

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).

3. Term and Probation Period


a. It is understood and agreed that the first 2 years 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.
b. After the end of the Probationary Period, the Employer may decide to
confirm the Employment of the Employee, in its sole discretion.
c. After the end of the Probationary Period, this Agreement may be
terminated in accordance with Clause 12 of this Agreement.

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

Subject to the following provisions of this Agreement, during the


Employment Period, the Employee shall be compensated for his services
as follows:
a. The Employee shall receive an annual salary, payable in monthly or
more frequent installments, as per the convenience of the Employer,
an amount of Rs. 28,000/-per 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.
b. During the term of this Agreement, the Employee's salary shall be
paid by means of bank transfer, cheques, or any other method
convenient to the Employer, and consented to by the Employee.
c. 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.

6. 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 Company 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 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.

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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

If at any time the Employee violates to a material extent any of the


covenants or agreements set forth in paragraphs 6 and 9, 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 paragraph 6 or 9
and agrees that the Company shall be entitled to an injunction
restraining the Employee from any actual or threatened breach of
paragraph 6 or 9 or to any other appropriate equitable remedy without
any bond or other security being required.

12. Amendment and Termination

a. In case the Employer terminates the employment without just cause,


in which case the Employer shall provide the Employee with advance
notice of termination or compensation in lieu of notice equal to 12
months’ salary.
b. The Employee may terminate his employment at any time by providing
the Employer with at least 3 months advance notice of his intention to
resign.
c. The Employee may terminate on the last day of the month in which
the date of the Employee’s death occurs; or the date on which the
Company gives notice to the Employee if such termination is for Cause
or Disability.
d. For purposes of this Agreement, "Cause" means the Employee's gross
misconduct resulting in material damage to the Company, wilful

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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.

13. Restrictive Covenant

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 three
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.

14. Notices

a. Any notice required to be given hereunder shall be deemed to have


been properly given if delivered personally or sent by pre-paid
registered mail as follows:
 To the Employee:
 To the Employer: [email protected]
b. And if sent by registered mail shall be deemed to have been received
on the 4th business day of uninterrupted postal service following the

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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

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.

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

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.

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.

20. Paragraph headings

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

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.

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____________________ ___________________
(Employee) (The Employer)

Name: _________________ Represented By:


Designation: ___________________

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