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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
What is your exact requirement please? When you take a Sales Person on contract, it is direct employment except that you will specify a duration say one year or two years.In this case you will have direct control
HI,
I am attaching a format which may be modified as per your requirement.
Regards,
Suresh Rathi
This agreement is made at ----------- between
Mr xxxx, aged yyyyyYears, S/O Sh. yyyyyy, residing at xxxxxx (herein after referred to as “you”).
and
between xxxxxxxx, a Company incorporated in India, with principal place of work at New Delhi/All India (hereinafter referred to as the “Company” ).
on this the....................day of..........................., 2013
WHEREAS You, on your own freewill, have agreed to be appointed as ------------which has been accepted by the Company.
WHEREAS You acknowledge that post being offered to you is of utmost importance to the Company and requires continuance of person holding said appointment/post for growth of the Company and thus you acknowledge and agree that your continuance for a minimum period of 18 months with the Company is required AND thus accept not to resign/leave the Company for minimum of 18 months from the date of your joining the Company.
You hereby agree:
1. That the remuneration that 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 to 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, then you shall pay the Company, amount equal to Your salary of 18 months minus 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 sufficient alternate 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 confidentiality agreement of the company.
6 .Company hereby agrees:-
a) To treat you at par with other employees for all purposes except as stipulated in this agreement.
b) Abide by terms and conditions stipulated in the appointment letter.
c) Not to terminate your service for 18 months, except in conditions as stipulated in standard company appointment letter
Note. Any dispute with regards to this agreement and with regards to terms and conditions of employment will be subject to jurisdiction of courts in Delhi
________________ ________________
Mr. Authorised Signatory -----Industries
I am attaching a format which may be modified as per your requirement.
Regards,
Suresh Rathi
This agreement is made at ----------- between
Mr xxxx, aged yyyyyYears, S/O Sh. yyyyyy, residing at xxxxxx (herein after referred to as “you”).
and
between xxxxxxxx, a Company incorporated in India, with principal place of work at New Delhi/All India (hereinafter referred to as the “Company” ).
on this the....................day of..........................., 2013
WHEREAS You, on your own freewill, have agreed to be appointed as ------------which has been accepted by the Company.
WHEREAS You acknowledge that post being offered to you is of utmost importance to the Company and requires continuance of person holding said appointment/post for growth of the Company and thus you acknowledge and agree that your continuance for a minimum period of 18 months with the Company is required AND thus accept not to resign/leave the Company for minimum of 18 months from the date of your joining the Company.
You hereby agree:
1. That the remuneration that 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 to 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, then you shall pay the Company, amount equal to Your salary of 18 months minus 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 sufficient alternate 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 confidentiality agreement of the company.
6 .Company hereby agrees:-
a) To treat you at par with other employees for all purposes except as stipulated in this agreement.
b) Abide by terms and conditions stipulated in the appointment letter.
c) Not to terminate your service for 18 months, except in conditions as stipulated in standard company appointment letter
Note. Any dispute with regards to this agreement and with regards to terms and conditions of employment will be subject to jurisdiction of courts in Delhi
________________ ________________
Mr. Authorised Signatory -----Industries
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Listed Under confidentiality agreement standing orders authorised signatory sales people appointment letter service conditions City-India-Chennai Country-India
Manpower Contract Agreement-Forma t.doc
