Free Download Sample Template Example Format of General Service Agreement Contract between company & Employee for H1 Job Agreement form for India in word /. doc / .pdf
AGREEMENT UNDER
THE SERVICE CONTRACT
Agreement of
Service Contract made on this the day of _____________ of 2013, BY AND BETWEEN
M/s. HXXXXX Technologies
Private Limited a
company Registered under The Companies Act 1956 having its Registered Office at
# XXX, XXXXXX, Somajiguda,Hyderabad - 500082 represented by its
Authorised Signatory Mr. ___ , The _______________of
the Company hereinafter referred to as First part for brevity which term shall
unless repugnant to the context mean and include its Successors-in-interest,
sister companies, subsidiaries and assignees
AND
Mr. XXXXXXXXX S/o Mr. XXXXXX, aged about 26
Years, currently residing at Plot No. XX, XXXXXXXXX, XXXXXXX, Hyderabad, 500049...
hereinafter referred to as Second Part.
AND
Mr. XXXXXXXXX S/o Mr. XXXXXX, aged about 26
Years, currently residing at Plot No. 75, JanapriyaWestCity,Miyapur,Hyderabad, 500049...
hereinafter referred to as Third Part or Surety.
WHEREAS
the first party is a reputed Software company, which is engaged in the business
of Software Development and having its Registered Office at # XXX, XXXXX, XXXXXX,
XXXXXX,Hyderabad - 500082
WHEREAS the second part is being so employed by the first
part in a position of Software Engineer and is desirous of sending the second
part abroad for some specific project on a short term basis with first part or
its business alliance partners abroad. All such expenditure involved for the
project that might have to be incurred towards obtaining Visas and other travel
related documents etc. would be borne by the first part.
WHEREAS the third part is the Father/Husband
of the second part and as such he is vitally interested in his welfare and
employment and hence willingly agreed to execute this agreement protecting the
rights of the first part as contained in this agreement.
WHEREAS second and third part have already been explained
and made to understand the effort and expenditure the first part is incurring
in sending the second part abroad, which is one of the basis for this agreement
in addition to independent terms and conditions that find place both in the
appointment order as well as this agreement.
WHEREAS
all the parties hereto have decided to enter into this Agreement of Service
with Guarantee which will be mutually beneficial to each other:
NOW THIS DEED WITNESSETH AS FOLLOWS:
1.VALIDITY
- The validity of this agreement is for a period of 12months from the
date of this agreement, after which it can be further extended up to such
periods of time as mutually agreed between both the parties.
- In the event, both the parties to this contract are
desirous of extending the contract, they may do so within a period of 30 days after the completion of the
12 Months period stipulated in the agreement and if the agreement is not
extended within 30 days from expiry of the agreement then this contract is
automatically terminated.
2.Responsibilities of the first part:
- The first part undertakes to provide good working
environment to the employee of the second part during the period of
service with the first part.
- The employer of the first part will pay a
consolidated salary of Rs.______________/-(Rupees _______________________ only) per month
during the first year during the subsistence of this agreement and based
on the performance of the second part, the party of first part may
increase the salary.
3.Responsibilities of the second part:
A. The
second part agrees not to transfer any information relating to the knowledge
gained/obtained during the specialized training/or working to any third party,
during the period of this agreement. The
second part agrees to devote himself to apply the knowledge gained by him
during training towards any activity specified by the first part or by the
business alliance partners of the first party.
B. In
the event of the second part abandons the service of the first part or business
alliance partners of the first part before the completion of the said
project/assignment, or before the expiry of the agreement he shall be liable to
pay a sum of Rs._________________/- (Rupees __________________ only) which is a genuine
pre-estimate of the amount that would be incurred by the first part towards
special trainings and other expenses incurred by them on the party of second
part, apart from any loss caused by the second part to the first part and the
first part may recover the damage caused by the second part, and the second part
and the party of the third part are jointly and severally liable to pay Rs._______________/- (Rupees
_______________________ only) to the first part and get relieved
from the obligation of this agreement.
4.Non-Disclosure & Circumvention:
A. During
the course of the employment, the second part would be coming across a lot of
confidential information pertaining to the first part and their business
alliance partners or clients. The second
part is therefore expressly prohibited from contacting, either directly or
indirectly, any of the business alliance partners or clients of the first part
for any commercial purpose involving software development, training or other
allied activities for a period of 4 years from the date of leaving the
employment of the first part or the termination of this agreement. A breach of this condition by the second part
would make him and the party of the third part liable to pay a penalty as
stipulated in the default and penalty clause of this agreement.
B. The
second part is also expressly prohibited from disclosing any such information
that might be detrimental to the interest of the employer of the first part,
their business alliance partners or clients to any of their respective
competitors or third arties. A breach of
this condition by the second part would make him and the party of the third
part liable to pay a penalty as stipulated in the Default and Penalty clause of
this agreement.
C. The
second part will always keep the first part informed of his current residential
address abroad during the subsistence of this contract.
5.Guarantee:
By virtue of this Agreement the party
of the third part shall be the guarantor for all the financial liabilities of
the party of the second part accruing and arising on account of the performance
in breach or nonperformance of this agreement.
6.General:
A. It
is clearly understood that any application developed, new discoveries or
copyrightable material made by the second part as a direct result of the
training imparted by the first part to the second part or by the second part
using the infrastructural and other facilities of the first part, will be the
exclusive property of the party of first part and the second part shall have no
rights or claims over such property.
B. The
second part is free to obtain legal advice before signing this contract and it
is assumed that the second part has signed this agreement after obtaining legal
advice only.
C. Any
reference to the masculine gender will also include the feminine gender and
plural gender where appropriate.
D. The
second part will produce all the original certificates obtained by him for
verification before the first part for verification.
E. First
part hereby agrees to initially employ the second part as its Software Engineer
and the second part hereby accepts such employment in accordance with the terms
of this Agreement and the terms of employment applicable to regular employees
of the first part. In the event of any
conflict or ambiguity between the terms of this Agreement and terms of employment
applicable to regular employees, the terms of this Agreement shall control.
Appointment of the second part to another office or position, regardless of
whether such office or position is inferior to employee of the second part’s
initial office or position, shall not be a breach of this Agreement.
F. The
duties of the second part shall include the performance of all of the duties
typical of the office held by the second part as described in the byelaws of
the first part and such other lawful duties and/or projects as may be assigned
by the board of directors of the first part Company, a superior officer of the first
part Company or any other officer. That
the second part shall bound to accept the employment any where in the world as
offered by the first part and shall continue to be in employment of the first
part or at its discretion in any other department of the first part or any
client’s office of the first part for a period of 12 Months.
G. The
second part shall devote his entire productive time, ability and attention to
the business of the first part and shall perform all duties in a professional
ethical and business like manner. The
second part will not, during the term of this Agreement, directly or indirectly
engage in any other business, either as an employee, consultant, principal,
officer, director, advisor, or in any other capacity, either with or without
compensation, without the prior written consent of the first part. The second part shall not disclose any
technical or other details and information that comes to his knowledge during
the course of this employment with the first part to others.
H. The
Initial Term of this Agreement shall commence from
_________ and it shall continue in effect for a period of 12
months. Thereafter, the Agreement shall
be renewed upon the mutual agreement of the first and second part. This
Agreement and the second part’s employment may be terminated at first part’s
discretion any time during the currency of the Contract, subject to the payment
of 15 days gross salary.
I. In
the event the second part commits breach of any material obligation owed to the
first part under this Agreement, habitually neglects the duties entrusted to be
performed under this Agreement, engages in any conduct which is dishonest,
damages, the reputation or standing of the first part, and prejudicial to the
interests of the first part or its Business Alliance partners abroad, or is
convicted of any criminal act or engages in any act of moral turpitude, then
Employer may terminate this Agreement upon five (5) days
notice to the second part.
J. That
the first part shall have the right to suspend or dismiss the second part for
any breach on the part of the second part, or any of the terms and conditions
hereof or those of the employment scheme and any of the rules and regulations
of the first part. With regard to the
expenditure incurred on account and in connection with obtaining Visas and
other travel related documents etc of the first part as provided herein before
under this Agreement, the second part and the third part shall be jointly and
severally liable for the same and is bound to make good the amount in addition
to the amount specified in Default and Penalties of this agreement.
K. The
surety will be co-extensively liable for any breach of the terms of this
agreement. The first part shall be at
liberty to proceed against the surety for ensuring the compliance of the terms
of this Agreement.
L. Any
change in the above addresses of any of the concerned parties i.e. Company,
Employee or Guarantor, shall be duly informed to the other parties by the party
whose address has changed within a period of seven days of such change.
M. If
no such change has been intimated or received, the addresses mentioned shall be
deemed to be the addresses of the concerned parties.
N. This
Agreement terminates and supersedes all prior understandings or agreements on
the subject matter hereof. This
Agreement may be modified only by a further writing that is duly executed by
both parties.
O. If any term of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, then this
Agreement including all of the remaining terms, will remain in full force and
effect as if such invalid or unenforceable term had never been included.
P. In case of any dispute arising out of the
above Agreement, the jurisdiction shall be the courts in Hyderabad.
No other courts either in India
or outside India
shall have jurisdiction in respect of the enforcement, interpretation and other
aspects of and in connection with this Agreement.
7.
Jurisdiction:
The parties agree that they will
use their best efforts to amicably resolve any dispute arising out of or
relating to this Agreement. Any
controversy, claim or dispute that cannot be so resolved shall be subject to
the jurisdiction of the Civil Courts of Hyderabad
8.Default & Penalties and
remedies for breach of contract:
- As the first part would be spending a considerable
amount of time, money or other resources on sending the second part abroad
and impart specialized knowledge, up gradation of the skills of the second
part, therefore, an amount of Rs.______________/-
(Rupees _______________________ only) shall be recoverable from the
second part and/or the surety who are all jointly and severally liable to
pay in the event of the second part leaving the services of the first part
without any reason attributable to the first part, on his own accord
before the expiry of the period as
mentioned under Clause-1A of this agreement. This amount would also be recoverable in
case of ANY default or breach of any of the covenants of this contract.
- The said amount shall be paid to the first part with
immediate effect by the second part and/or by the party of the third part
as mentioned hereinabove.
- Not withstanding anything contained herein the party
of the first part is entitled to claim punitive damages and prohibitory
damages before the Civil Courts of HYDERABAD in the event of any loss or
damage occasioned to the first part due to the breach of contract and not
covered by clause 8A of this Agreement and that the second part as well as
the surety are liable jointly and severally.
- Not withstanding anything contained herein above the
party of the first part herein is entitled to approach the Civil Courts of
HYDERABAD for Specific performance, Specific Relief or any other relief as
is available to it under law.
IN WITNESS WHEREOF the first part, the
second part and the third part acting in person have signed and executed this
Agreement in their respective names and on their behalf and delivered to the first
part on the Day, month and year first written above.
SIGNEDAND DELIVERED BY
.…………………….. .………………………
First
Part Second
Part
For M/s. HXXXXXX Technologies Pvt. Ltd. XXXXXXXX
…………………….
Third
Part
Witnesses:
.…………………….. .………………………
Name and Name
and
Address: Address:
Assignment
