Hi All, Greetings.. We are taking some Sales people on contract..Can u please share with me a format of the agreement thus made between company & the contractual person.. Thanks & regards Deepa Shah
From India, Chennai
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3From India, Chennai
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What is your exact requirement, please? When you hire a salesperson on a contract, it is considered direct employment, except that you will specify a duration, say one year or two years. In this case, you will have direct control.
From India, Chennai
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From India, Chennai
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Agreement Format for Contractual Employment
This agreement is made at ----------- between Mr. xxxx, aged yyyyy years, S/O Sh. yyyyyy, residing at xxxxxx (hereinafter referred to as “you”), and xxxxxxxx, a company incorporated in India, with its principal place of work at New Delhi/All India (hereinafter referred to as the “Company”).
On this the....................day of..........................., 2013
WHEREAS you, of your own free will, have agreed to be appointed as ------------, which has been accepted by the Company.
WHEREAS you acknowledge that the post offered to you is of utmost importance to the Company and requires the continuance of the person holding said appointment/post for the growth of the Company. Thus, you acknowledge and agree that your continuance for a minimum period of 18 months with the Company is required, and you accept not to resign/leave the Company for a minimum of 18 months from the date of your joining the Company.
You hereby agree:
1. That the remuneration the Company has agreed to pay is based on the premise that you will serve in the Company for at least a minimum of 18 months.
2. To obey and abide by the rules and regulations, service conditions, and standing orders of the Company as may be in force from time to time and to comply with orders/instructions issued from time to time.
3. That in the event you do not continue your employment with the Company for the period stipulated, you shall pay the Company an amount equal to your salary of 18 months minus the period served, with a minimum stipulated period as 3 months' salary and vice versa.
4. You also hereby agree and acknowledge that further remedies may be applicable against you. Any negative covenants, obligations, and/or undertakings given to the Company shall be specifically enforceable by injunction, and any damages claimed in addition thereto shall not constitute a defense to any claim of injunction nor prevent the grant of specific relief to the Company. You expressly waive the defense that damages are a sufficient alternative relief to an injunction, and you confirm, assure, and represent that each and all the negative covenants shall be enforceable by one or more mandatory injunctions prohibiting the breach of any covenant or compelling specific performance of any obligation on your part as contracted herein (whether by way of ad interim or interim relief, or otherwise by way of permanent injunction and damages).
5. You agree to abide by the confidentiality agreement of the Company.
6. Company's Agreement:
a) To treat you at par with other employees for all purposes except as stipulated in this agreement.
b) To abide by the terms and conditions stipulated in the appointment letter.
c) Not to terminate your service for 18 months, except in conditions as stipulated in the standard company appointment letter.
Note: Any dispute with regards to this agreement and with regards to the terms and conditions of employment will be subject to the jurisdiction of courts in Delhi.
________________ ________________
Mr. Authorized Signatory -----Industries
Regards,
Suresh Rathi
From India, Delhi
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This agreement is made at ----------- between Mr. xxxx, aged yyyyy years, S/O Sh. yyyyyy, residing at xxxxxx (hereinafter referred to as “you”), and xxxxxxxx, a company incorporated in India, with its principal place of work at New Delhi/All India (hereinafter referred to as the “Company”).
On this the....................day of..........................., 2013
WHEREAS you, of your own free will, have agreed to be appointed as ------------, which has been accepted by the Company.
WHEREAS you acknowledge that the post offered to you is of utmost importance to the Company and requires the continuance of the person holding said appointment/post for the growth of the Company. Thus, you acknowledge and agree that your continuance for a minimum period of 18 months with the Company is required, and you accept not to resign/leave the Company for a minimum of 18 months from the date of your joining the Company.
You hereby agree:
1. That the remuneration the Company has agreed to pay is based on the premise that you will serve in the Company for at least a minimum of 18 months.
2. To obey and abide by the rules and regulations, service conditions, and standing orders of the Company as may be in force from time to time and to comply with orders/instructions issued from time to time.
3. That in the event you do not continue your employment with the Company for the period stipulated, you shall pay the Company an amount equal to your salary of 18 months minus the period served, with a minimum stipulated period as 3 months' salary and vice versa.
4. You also hereby agree and acknowledge that further remedies may be applicable against you. Any negative covenants, obligations, and/or undertakings given to the Company shall be specifically enforceable by injunction, and any damages claimed in addition thereto shall not constitute a defense to any claim of injunction nor prevent the grant of specific relief to the Company. You expressly waive the defense that damages are a sufficient alternative relief to an injunction, and you confirm, assure, and represent that each and all the negative covenants shall be enforceable by one or more mandatory injunctions prohibiting the breach of any covenant or compelling specific performance of any obligation on your part as contracted herein (whether by way of ad interim or interim relief, or otherwise by way of permanent injunction and damages).
5. You agree to abide by the confidentiality agreement of the Company.
6. Company's Agreement:
a) To treat you at par with other employees for all purposes except as stipulated in this agreement.
b) To abide by the terms and conditions stipulated in the appointment letter.
c) Not to terminate your service for 18 months, except in conditions as stipulated in the standard company appointment letter.
Note: Any dispute with regards to this agreement and with regards to the terms and conditions of employment will be subject to the jurisdiction of courts in Delhi.
________________ ________________
Mr. Authorized Signatory -----Industries
Regards,
Suresh Rathi
From India, Delhi
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Employment Contract agreement.pdf