Employment Agreement - India

Employment Agreement for use in India.

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This kit includes tools and guidelines to assist you in drafting an Employment Agreement.

An Employment Agreement is a contract between an employer and employee to establish a working relationship. This agreement is used in labour law to indicate the rights and responsibilities of the employer and employee.

This kit includes general information about employment agreement, as well as a sample employment agreement with instructions.

Among others, this form includes the following key provisions:
  • Training/Probation: Describes the duration of the training and probation period
  • Duration of Employment: Sets forth the duration of employment and the event on which employment ceases
  • Renumeration: Sets forth the amount of stipend during training/probation and the basic salary afterwards.
  • Place and hours of work: Defines the place of work and the working hours.
This attorney-prepared Employment Agreement packet contains:
  1. General Description of Employment Agreement
  2. Instructions and Information for Employment Agreement
  3. Employment Agreement for use in India
Law Compliance: This form is designed for use in India.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Employment Agreement
(India)

 

 
THIS AGREEMENT executed at ___________________ and effective from this the _______ day of _____________, 20_____
 
BETWEEN
_______________, a company incorporated under the Companies Act, 1956, represented by its ___________________ [INSERT DESIGNATION] Mr./Ms. _______________, son of / wife of/ daughter of Mr. _______________________ having its registered office at ______________________________________________ [INSERT ADDRESS], hereinafter referred to as the EMPLOYER (which expression shall, unless it is repugnant to the context, mean and include its successors-in-interests, administrators and permitted assigns);
 
 
AND
 
 
Mr. /Ms. ______________________, son of / wife of/ daughter of Mr. _________________,   aged about _____________years, residing at ______________________________________ [INSERT ADDRESS], hereinafter referred to as the EMPLOYEE.
 
WHEREAS
 
The Employer is carrying on the business of __________________________________ [INSERT NATURE OF BUSINESS].
 
The Employer invited applications from the eligible candidates for the post of ____________ [INSERT DESIGNATION] and in response thereto the Employee submitted an application-dated ____________ to the Employer.
 
On processing the application and scrutinizing the relevant documents, the Employer found the Applicant/Employee to be competent for the post and offered to appoint him as __________________________ [INSERT DESIGNATION] in the Company.
 
The Employee has accepted the said appointment on the terms and conditions as follows.
 
NOW  THEREFORE  IN  CONSIDERATION OF THE  MUTUAL OBLIGATIONS AND
UNDERTAKINGS  CONTAINED  HEREIN,  THIS  AGREEMENT  WITNESSETH  AS
FOLLOWS:
 
 
1. DESIGNATION OF EMPLOYEE:
The  said  Applicant / Employee is  hereby  appointed  as ____________________ [INSERT DESIGNATION].
 
2. TRAINING/PROBATION AND CONFIRMATION:
The Employee shall be on training/probation for ________ [specify the duration]. On successful completion of training/probation, the Employee will be confirmed in the service of the Employer.  The Employee shall not dispute the decision of the management on his/her performance during the period of training/probation. The decision of the Employer is final and binding on the Employee.
 
3. DURATION OF EMPLOYMENT:
On successful completion of training/probation, the Employee shall be appointed as a contract/permanent Employee of the Employer for a period of ____________ [indicate the period if it is contractual employment]/till______________ [indicate the event on which employment ceases].
 
4. PLACE OF WORK:
The Employee shall report to work at ___________________ [indicate the office to join in case the company is functioning from different locations], on ___________________ [insert date of joining].
 
5. WORKING HOURS:
The Employee is required to work from ___________ to ________ [Insert scheduled work timings or the total number of hours of work per day] during the Weekdays [or specify the days]. The weekly holiday would be on Sunday [or specify the day preferred by the employer or based on local practice].
 
6. REMUNERATION
The Employee is eligible for a stipend of Rs. __________/- per month during the period of training/probation. On successful completion of training/probation, the Employee will become eligible to receive a basic salary of Rs. __________. The basic salary of the Employee will be increased annually as per the policy of the Company.
 
 
Payment of all compensation to _______________________ [INSERT DESIGNATION] hereunder shall be made in accordance with the relevant Company policies in effect from time to time, including normal pay roll practices.
 
7. COMPENSATION ON CONFIRMATION:
On confirmation, the Employee shall be entitled to other benefits, monetary/leave, etc, applicable to the particular post prevalent in the Company, from time to time, as per the ________________________ [Insert relevant service conditions/Rules].
 
8. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India without regard to conflict of law principles.
 
9. CONSTRUCTION
The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against the Employer or ____________________ [INSERT DESIGNATION].
 
10. RIGHTS CUMULATIVE
The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies
 
11. NOTICES
Any and all notices or other communication provided for herein, shall be sent by Registered Post Acknowledgment Due or Certificate of Posting, in case of the Company to its principal office, and in the case of the employee to the last known address of the employee.
 
12. REPRESENTATION AND WARRANTY OF _________________________ [INSERT DESIGNATION]
The _____________________[INSERT DESIGNATION]  acknowledges and understands that the Company has extended employment opportunities to _____________________
[INSERT DESIGNATION] based upon_________________[INSERT DESIGNATION]s
 
representation and warranty that _____________________ [INSERT DESIGNATION]  is in good health and able to perform the work contemplated by this Agreement for the term hereof.
 
13. INVALID PROVISION; SEVERABILITY
The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
 
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Agreement may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment, modification, or discharge is sought.
 
15. DISPUTE RESOLUTION:
Any dispute arising under this Agreement or any matter incidental thereto shall be submitted for arbitration as per the provisions of Arbitration and Conciliation Act, 1996. However, the parties shall have the freedom to approach a tribunal/Court of Law in case of necessity.
 
 
IN WITNESS WHEREOF the parties hereto affixed their signatures at the place, on the day, month and year mentioned herein above.
 
 
_______________________________________SIGNATURE OF EMPLOYER
 
 
_______________________________________SIGNATURE OF THE EMPLOYEE
 
 
WITNESSES:
 
 
1.___________________________                 Name and address of the witness
             (Signature)
 
 
2.___________________________                 Name and address of the witness
             (Signature)
 
 
Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33464
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Employment Agreement
(India)

 

 
THIS AGREEMENT executed at ___________________ and effective from this the _______ day of _____________, 20_____
 
BETWEEN
_______________, a company incorporated under the Companies Act, 1956, represented by its ___________________ [INSERT DESIGNATION] Mr./Ms. _______________, son of / wife of/ daughter of Mr. _______________________ having its registered office at ______________________________________________ [INSERT ADDRESS], hereinafter referred to as the EMPLOYER (which expression shall, unless it is repugnant to the context, mean and include its successors-in-interests, administrators and permitted assigns);
 
 
AND
 
 
Mr. /Ms. ______________________, son of / wife of/ daughter of Mr. _________________,   aged about _____________years, residing at ______________________________________ [INSERT ADDRESS], hereinafter referred to as the EMPLOYEE.
 
WHEREAS
 
The Employer is carrying on the business of __________________________________ [INSERT NATURE OF BUSINESS].
 
The Employer invited applications from the eligible candidates for the post of ____________ [INSERT DESIGNATION] and in response thereto the Employee submitted an application-dated ____________ to the Employer.
 
On processing the application and scrutinizing the relevant documents, the Employer found the Applicant/Employee to be competent for the post and offered to appoint him as __________________________ [INSERT DESIGNATION] in the Company.
 
The Employee has accepted the said appointment on the terms and conditions as follows.
 
NOW  THEREFORE  IN  CONSIDERATION OF THE  MUTUAL OBLIGATIONS AND
UNDERTAKINGS  CONTAINED  HEREIN,  THIS  AGREEMENT  WITNESSETH  AS
FOLLOWS:
 
 
1. DESIGNATION OF EMPLOYEE:
The  said  Applicant / Employee is  hereby  appointed  as ____________________ [INSERT DESIGNATION].
 
2. TRAINING/PROBATION AND CONFIRMATION:
The Employee shall be on training/probation for ________ [specify the duration]. On successful completion of training/probation, the Employee will be confirmed in the service of the Employer.  The Employee shall not dispute the decision of the management on his/her performance during the period of training/probation. The decision of the Employer is final and binding on the Employee.
 
3. DURATION OF EMPLOYMENT:
On successful completion of training/probation, the Employee shall be appointed as a contract/permanent Employee of the Employer for a period of ____________ [indicate the period if it is contractual employment]/till______________ [indicate the event on which employment ceases].
 
4. PLACE OF WORK:
The Employee shall report to work at ___________________ [indicate the office to join in case the company is functioning from different locations], on ___________________ [insert date of joining].
 
5. WORKING HOURS:
The Employee is required to work from ___________ to ________ [Insert scheduled work timings or the total number of hours of work per day] during the Weekdays [or specify the days]. The weekly holiday would be on Sunday [or specify the day preferred by the employer or based on local practice].
 
6. REMUNERATION
The Employee is eligible for a stipend of Rs. __________/- per month during the period of training/probation. On successful completion of training/probation, the Employee will become eligible to receive a basic salary of Rs. __________. The basic salary of the Employee will be increased annually as per the policy of the Company.
 
 
Payment of all compensation to _______________________ [INSERT DESIGNATION] hereunder shall be made in accordance with the relevant Company policies in effect from time to time, including normal pay roll practices.
 
7. COMPENSATION ON CONFIRMATION:
On confirmation, the Employee shall be entitled to other benefits, monetary/leave, etc, applicable to the particular post prevalent in the Company, from time to time, as per the ________________________ [Insert relevant service conditions/Rules].
 
8. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India without regard to conflict of law principles.
 
9. CONSTRUCTION
The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against the Employer or ____________________ [INSERT DESIGNATION].
 
10. RIGHTS CUMULATIVE
The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies
 
11. NOTICES
Any and all notices or other communication provided for herein, shall be sent by Registered Post Acknowledgment Due or Certificate of Posting, in case of the Company to its principal office, and in the case of the employee to the last known address of the employee.
 
12. REPRESENTATION AND WARRANTY OF _________________________ [INSERT DESIGNATION]
The _____________________[INSERT DESIGNATION]  acknowledges and understands that the Company has extended employment opportunities to _____________________
[INSERT DESIGNATION] based upon_________________[INSERT DESIGNATION]s
 
representation and warranty that _____________________ [INSERT DESIGNATION]  is in good health and able to perform the work contemplated by this Agreement for the term hereof.
 
13. INVALID PROVISION; SEVERABILITY
The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
 
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Agreement may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment, modification, or discharge is sought.
 
15. DISPUTE RESOLUTION:
Any dispute arising under this Agreement or any matter incidental thereto shall be submitted for arbitration as per the provisions of Arbitration and Conciliation Act, 1996. However, the parties shall have the freedom to approach a tribunal/Court of Law in case of necessity.
 
 
IN WITNESS WHEREOF the parties hereto affixed their signatures at the place, on the day, month and year mentioned herein above.
 
 
_______________________________________SIGNATURE OF EMPLOYER
 
 
_______________________________________SIGNATURE OF THE EMPLOYEE
 
 
WITNESSES:
 
 
1.___________________________                 Name and address of the witness
             (Signature)
 
 
2.___________________________                 Name and address of the witness
             (Signature)
 
 

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