Anonymous
Hi All, I am very new to this forum. I have joined a small IT organization in the PMO team. They have hired me on a contract for 3 months and my contract ended on 1st Dec. They have now extended the contract another 3 months which is in total to 6 months. They are saying that I cannot take any leaves? Is there any leave that I can take as they say that they do not have any for any contractual employees in the organization? How can a person work without any leaves? Also, they can again extend my contract after March 2021 and say no leaves? Can anyone suggest if there is any law related to this or as an employee what is that I can ask them for?
From India, Hyderabad
rkn61
461

Can you upload the copy of contract agreement received by you, for perusal of Forum members?
From India, Aizawl
Anonymous
AGREEMENT
This AGREEMENT is made at XXXX on this 01st September, 2020, by and between:
XXXXXXXXX, a company incorporated under the Companies Act. 1956 and having its Registered Office at XXXXXXXXXX (hereinafter referred to as ‘THE COMPANY’ which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, Legal Representative), of the First Part.
AND
Mr. XXXXXXXXXXX (hereinafter referred to as “Expert”), of the Other Part.

“Company” and “Expert” are hereinafter referred to individually as "Party" and collectively as "Parties".
WHEREAS:
A. The Company is carrying on its permitted business as per its constituted document.
B. The Company is planning to engage Expert to work for the company on exclusive basis.
C. XXXXX represented to the Company that hehas a vast work experience and versed with the methodology and technologies required for the performance of his task under agreed scope of work. Based on the representations made by XXXXX, the Company is ready to hire him, for a limited period, onterms and conditions of this agreement.
D. Both the Parties are entering into this agreement at their free will.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The above recitals shall form an integral part of this Agreement and be deemed to be a part of understanding herein.
2. The Company hereby appoints XXXXXXXX for a period of three (3) months from September 02, 2020, upto December 02, 2020,for the performance of work, task or assignments as mentioned under Scope of work andon terms and conditions contained in this Agreement. The agreement shall however be subject to renewal based on mutual consent and agreement, at the time of renewal.
3. Expert agrees to work exclusively for the Company, during the terms of this Agreement.
4. During the tenure of this Agreement, the Company will pay INR XXXXXX per month to the Expert for his services, which is inclusive of all taxes. Expert shall submit his/ her law complied invoice to the Company, in original, within 7 days of month’s end. Subject to receiving an undisputed invoice, the Company will pay aforesaid fees to the Expert, within next 15 days of submitting Invoice. It is further clarified that this consideration has been agreed on the condition that Expert will make himself available at company’s corporate office at given timings for five days in a week or such other place as may be fixed and intimated by Company, in advance to the Expert from time to time.Anyabsence or non-availability of Expert on any agreed date of appointment may cause a reduction to the aforesaid payment.
5. Scope of Work (SOW): Scope of work is specifically provided in Annexure-I as attached to this Agreement.Scope of Work constitutes an instruction on the part of Company to the Service Provider to render Services on Terms & Conditions contained herein.
6. Quality, Defects & Short-Deliveries: (i) All Services rendered by Expert shall be of good quality, and workmanship subject to Company's satisfaction and in particular must meet the specifications / service levels but without limitation also be as required by law in respect of title, quality, quantity, purpose or description. If Company refers any materials suppliers for any materials related to performance of services, then the Expert shall buy or procure such materials only from those suppliers unless otherwise allowed by the Company. Company reserves the right to reject any Goods / Services of Expert which are delayed, faulty or do not conform to the quality, standard, or description as specified in the specifications/ service levels in SOW or service levels prescribed ("Non - Conforming Goods/Services"), in which case Company may require the Expert to a) promptly replace such Non - Conforming Goods/Services with Goods/Services which meet the relevant standards or specifications/ service levels and which are acceptable to Company and bear all incidental costs associated with any such replacement and any duties, taxes and costs with respect thereof, or b) refund to Company all monies paid in respect Services under this Agreement. If Expert fails to take any of the corrective action described herein within 7 (seven) days of so requesting, Company may at its option, upon notice to Expert (i) carry out the work itself or engage another party to do so at the risk and expense of Expert; and Expert shall reimburse Company for any incremental costs incurred by it in connection therewith; or (iv) take such other reasonable action as Company may deems fit and charge the Expert for all costs incurred by XXXX in relation thereto. In case of short deliveries, Company may accept part deliveries but with deduction in Expert’s fees, under this agreement.
7. Expert undertakes that once he/ she enters into this Agreement he will not work or perform duties or assignment for any otherparty in India or abroad, during the term of this agreement. In case of a breach, the company reserves a right to terminate this Agreement with immediate effect without considering any liability and Expert shall be liable to indemnify Company for any losses caused due to it.
8. It will be sole responsibility of Expert to undertake the assignment with Company as provided under Scope of Work and he/ she shall not appoint or hire any other person on his behalf to handle the assignment with the Company. Expert shall not assign, mortgage or charge to any third party this Agreement or any part thereof, and any right, benefit, obligation or interest therein or thereunder.
9. It is the responsibility of Expert
a) To take care of assets and property of the Company, while at the premises of the Company for any assignment or task and be responsible to reimburse company for all related losses or damages to the Company.
b) Not to do any act which may cast company liable for any infringement of intellectual property laws in any part of the world.
c) That he/ she shall at all times, maintain absolute integrity & devotion to his professional duties& conduct works in a manner conducive to the best interests, credit and prestige of the company. Expert agrees and undertakes that he/ she shall not act/or omit to do anything in the manner which may jeopardize the interest of the Company and shall not involve in/be an example of irresponsible behaviour, carelessness, unprofessional conduct, gross negligence, willful misconduct, breach of trust/duty, unethical activity or do anything that may result in any loss/damage including adverse effect to the goodwill/reputation of the Company.
d) If Expert commits any breach of this agreement or is guilty of any misconduct including but not restricted to dishonesty, absence without information and reasonable excuse, disobedience of any lawful orders or instructions or any misconduct calculated to bring the company or its employees into disrepute, this contract will be terminated without notice and without considering any liability of payment. In such case, you will have no claim on the company what so ever.
10. Expert acknowledges the exclusive right, title and interest of Company in the Marks and copyrights, existing as on the date of this Agreement. Expert agrees that the Intellectual Property of Company are Company’s sole and exclusive property. Nothing in this Agreement or any other agreement will give Expert any right, title, or interest whatsoever in or to the Intellectual Property of Company as it exists or develop over the time. Expertshall immediately notify Company of any infringement of, or challenge to, their use of the Service Marks. Company will have sole discretion to take or not to take action, as Company deems appropriate. Expert will not contest, directly or indirectly: Company’s ownership, title, right, or interest in the Trademarks and other intellectual properties; or Company’s exclusive right to register, use, or license others to use such Intellectual Properties.
11. Work Results, Inventions, proprietary rights and copyright
a. Expert warrants that the services provided under the contract are free of third-party rights. Expert shall indemnify the Company in particular against third-party claims for infringement of rights.
b. Expert shall deliver all work results according to the order from Company under the provisions of scope of work.
c. “Work results” includesthe results, outcome, findings, end products and the work in progress which are realized or under process when Expert provides the ordered services or product, in particular the works, and includes intermediate and/or by-product results, raw data, objects, concepts, recordings in any device, graphics, sketches, reports, documents, software and their source codes.
d. Expert undertakes to give notification of these work results in the form requested by the Company in writing or text form immediately after its creation. The work results shall become the property of Company upon their creation and in their respective processing condition in perpetuity for the entire world and without any limitation and shall remain the property of the Company irrespective whether the Company uses such work results or not. Expert shall hold the work results in safe custody on behalf of the Company until their delivery.
e. Company shall also be entitled to the irrevocable, exclusive right, which can be transferred and sub-licensed, without restriction in time, space and content, to use the work results itself or have them used in any way by third parties, to reproduce, modify and also to publish or exploit them in a form processed by it. If it is impossible by law to grant title to them, Expert shall ensure that the Company is granted a right of use in writing without any further remuneration and to the maximum extent prescribed under law.
f. All rights to the work results granted and assigned by Expert to the Company within the scope of this contract and rights resulting therefrom, including proprietary rights which may be based on these rights, shall be covered by the remuneration due under the contract. Expert shall ensure, unless otherwise agreed in an individual case, that the author waives its right to be named within the scope of the work results realized.
g. Expert shall not assert any rights arising from the Copyright laws against the Company.
12. Expert understands that during the course of this Agreement, Expert shall expose to or witness to certain trade secrets or confidential information of the Company and agrees that:-
(a). he shall always maintain the highest degree of secrecy and keep confidential the Information of the Company, which may be known to Expert, or confided in Expert or which may come to Expert’s knowledge in the course of this Agreement with the Company.
(b). he shall not, except in the course of provision of services to the Company, at any time during or after the expiry of the Agreement make use of knowledge of any Confidential Information or trade secrets ordisclose it to any third party. He shall take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information or trade secrets.
(c). He may disclose Confidential Information as required to comply with binding orders of governmental entities, provided that Expert (i) gives to the Company an advance notice immediately after being served with such binding order(s) by any governmental entity, to allow the Company to seek a protective order or other appropriate remedy, (ii) disclose only such information as is required by the governmental entity, and (iii) use commercially reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed.
(d). he shall not during or after Agreement with the Company, directly or indirectly, use, whether or not to his direct or indirect benefit, the Confidential Information of the Company in any trade or business whether or not in competition with the business carried on by the Company or any group company.
(e) All Confidential Information will remain the Company’s exclusive property. The Company’s disclosure of Confidential Information under this Agreement will not constitute an express or implied grant to Expert of any rights to such Intellectual Property in any manner.
(f).he shall notify the Company immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement.
(g). Within 3 days of termination of this contract, either by the efflux of time or its earlier termination, Expert shall either return or destroy all Confidential Information and Work Results (In any form and including, without limitation, all summaries, copies and excerpts of Confidential Information), as would be asked by Company and promptly inform to the Company about its compliance.
For the purpose of this Agreement “Confidential Information” means information including (without limitation) the Intellectual Property and all and any information about business plans, maturing new business opportunities, research and development projects, products, formulae, processes, inventions, designs, discoveries or know how, data, sales, statistics, marketing surveys, and plans, costs, profit or loss, prices and discount structures, the names, addresses and contact details of customers and potential customers or suppliers and potential suppliers, employee lists, personnel policies, competitive analyses, trade secrets (whether or not recorded in writing or on computer disk or tape) in relation to the Company and/or its associated/group companies.
Confidential Information however does not include any information that (i) is or becomes publicly available without breach of this Agreement, (ii) can be shown by documentation to have been known to Expert before its receipt from the Company, (iii) is received from a third party who did not acquire or disclose such information by a wrongful or tortious act, or (iv) can be shown by documentation to have been independently developed by Expert without reference to any Confidential Information.
Expert understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause irreparable harm to the Company, the amount of which may be difficult to ascertain and, therefore, agrees that the Company shall have the right to apply to a court of competent jurisdiction for an order restraining any such further disclosure or misappropriation and for such other relief as the Company shall deem appropriate. Such right of the Disclosing Party shall be in addition to Remedies otherwise available to the Disclosing Party at law or in equity.
Expert’s obligation under this provision shall survive for 2 years post termination or expiry of this Agreement.
13. Expert agrees that
(a) During the performance of services at Company premises, he will diligently follow rules, regulations and policies of the Company;
(b) he shall not, during the terms of this Agreement and for the period of first 12 months after termination or expiry of this Agreement, employ for himself or for any other person or entity, directly or indirectly, which is a competitor of Company, especially in the line of company’s business;
(c) he shall not, either for himself or for any other person or entity, for the first 12 months after the termination or expiry of this agreement with the Company solicit away or encourage any client, customer, vendor, employee, associate, retainer or consultant of the Company, who was anytime during the previous two years of termination, worked with, entertained by or employed by the Company.;
(d) he shall not during or after his agreement with the Company make any statement or engage in any conduct that harms or is likely to harm in any way the Company or any of its or their employees, directors, shareholders, customers, clients or suppliers including but not limited to any statement which harms the products, services, finances, financial condition, capabilities, structure or any other aspect of the Company.
14. Expert agrees and undertakes to indemnify and keep indemnified the Company, its Chairman & Director, Key Managerial personnel, managers, secretary and officers from and against any and all claims arises, due to any act of negligence or default on the part of Expert, and made by the clients or any person or persons for the losses, damages and liabilities of whatsoever nature (whether arising out of civil or criminal action) and or suffered by the Company.
15. If ever the Company wants to discontinue the contract with Expert then it can do so by giving an advance written notice to Expert. If Expert commits any breach of this agreement or is guilty of any misconduct including but not restricted to dishonesty, absence without leave, disobedience of any lawful orders or instructions or any misconduct calculated to bring the company or its employees into disrepute (inclusive of any act outside your duty hours & outside the premises of the establishment which has any material bearing on the smooth & efficient working of the company), this contract can be terminated by Company, immediately and in such case, Expert will have no claim on the company what so ever.
16. In the event, any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, or indications of the same are received by either of the Parties from any relevant competent authority, the Parties shall amend/replace that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of the Company it may be severed from the Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
17. Both parties shall be released from their respective obligations under this Agreement to the extent that performance of such obligations are prevented, hindered or delayed on account of any event, cause or circumstance not reasonably within the control of the affected party, each such event, cause or circumstance herein referred to as Force Majeure Event, (instances of which are: situations warranting national emergency, war, riots, insurrections, acts of terrorism/public enemies, civil disturbances, prohibitive governmental regulations or the orders of any judicial/legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, earthquake or other acts of God, or any other cause beyond the reasonable control of the Parties that renders performance of the Agreement impossible). Provided that the party under Force Majeure effects shall intimate to the other party about the occurrence of such event. If such event continues for more than 60 continuous days then the non-suffering party will have rights to terminate this contract, immediately.
18. This Agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the date of this Agreement but without prejudice to any rights and obligations, which have already accrued to the parties.
19. Expert shall give notice to the Company of change of his address or telephone, facsimile number within 48 hours of such change.
20. No relaxation, forbearance, delay or indulgence by either Party in enforcing any of the terms and conditions of this Agreement or the granting of time by either Party to the other shall prejudice, affect or restrict any right of that Party under this Agreement, nor shall any waiver by either Party of any breach of Agreement operate as waiver of any subsequent or continuing breach of Agreement.
21. No amendment, deletion, addition or other changes in any provision of this agreement or waiver of any right or remedy, herein provided, will be effective unless specifically set forth in writing signed by the parties to be bound thereby.
22. Nothing in this Agreement shall be deemed to create any agency, partnership, joint venture, employer-employee relationship or other joint relationship between the Parties hereto or constitute any Party the agent of the other Party for any purpose or entitle any Party to commit or bind the other Party in any manner or give rise to fiduciary duties by one Party in favour of the other Party.
23. Expertshall not use any third party to: (a) provide any benefit of more than nominal value to any employee of Company or any of its related corporations, Gifts of personal travel and lodging are prohibited absolutely. (b) do business with Company if any employee of Company owns a Substantial Interest in the Expert's entity and is in a position to affect the decision to engage or terminate Expert or the terms of this Agreement between Company and Expert; (c) give bribes, kickbacks, secret commissions or other unlawful or improper methods of remuneration to any person.
24. Immediate disclosure in writing to Company, if Expert becomes aware of a breach of Clause 23. Company may terminate this Agreement if Expert knowingly breaches Clause 23.
25. Arbitration:
25.1 Any dispute or difference arising out of this Contract shall first be resolved by amicable negotiation among Parties and, if not so resolved shallfinally be settled by binding arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time, by a sole arbitrator to be appointed by the Company.
25.2 Partiesshall be bound to comply forthwith the decision of Arbitrator until such time (if any) as it is superseded by a decision of the Courts in relation to the matter in question.
25.3 The seat and venue of Arbitration shall be at XXXX, India and it shall be conducted in English language.
26. This agreement shall be governed under the laws of India.
27. Provisions of the agreement capable to survive termination shall sustain over the termination of this agreement.
28. The original copy of the Agreement shall remain with the Company and Photostat copy thereof will be retained by the other party.
IN WITNESS WHEREOF, the parties have put their hands the day and year first hereinafter written.
SIGNED FOR AND ON BEHALF OF
XXXXXXXXXXXX EXPERT
__________________________ _______________________________
AUTHORISED SIGNATORY XXXXXXXXX
ANNEXURE – I
SCOPE OF WORK
A. Scope of work: In short Manage Sprint ceremonies at XXXXXXX.
B. Description: Administrative professional who assists project manager with organizing and controlling project activities through communicating risks, opportunities and current state of the project. Ensure projects run smoothly, by planning meetings, evaluating the course of the project and reporting its status to the management and stakeholders.
C. Some Key Activities include and not limited to below:
• Enable and participate in backlog grooming sessions across projects
• Send communications to a member of the stakeholder population, including Product Owner and CTO
• Evaluate potential problems and potential misses due to delays and dependencies within the team and external environment Supervise current projects and coordinate all team members to keep workflow on track
• Manage project-related artefacts by ensuring all necessary materials are current, properly filed and stored
• Direct project correspondences by preparing and reviewing project proposals, memos, meeting minutes and emails Adhere to Sprint plan and its ceremonies. Monitoring time spent Vs available and ensure min 100% utilization of staff

From India, Hyderabad
Anonymous
ADDENDUM
This ADDENDUM TO THE AGREEMENT DATED 1stSeptember, 2020 is made on this December 01, 2020 by and between:
XXXXXXX, a company incorporated under the Companies Act. 1956 and having its Registered Office at XXXXXXX (hereinafter referred to as ‘THE COMPANY’ which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, Legal Representative), of the First Part.
AND
XXXXXXX (hereinafter referred to as “Expert”), of the Other Part.
“Company” and “Expert” are hereinafter referred to individually as "Party" and collectively as "Parties".
WHEREAS:
1. Expert was hired by Company on contract basis, the terms of which are mentioned in Agreement dated 01st September 2020 (“Said Agreement”).
2. The Period of said Agreement is expiring on December 02, 2020 and parties have agreed to extend the period of agreement with revised deliverable and consideration, through this addendum.
NOW THIS ADDENDUM WITNESSETH AS UNDER
1. This Addendum, upon execution, shall form an integral part of the said Agreement and replace the relevant provision in the Agreement. The contents hereof shall be effective from the date of this Addendum and shall be coterminous with the said Agreement.
2. The period of said agreement is extending for three more monthsuptoMarch02, 2021.
3. For this extended period Parties have agreed to the same terms and conditions including consideration and shall remain valid and binding on both the parties.
IN WITNESS WHEREOF, the parties have put their hands the day and year first hereinafter written.
SIGNED FOR AND ON BEHALF OF
XXXXX EXPERT
AUTHORISED SIGNATORY XXXXXXX

From India, Hyderabad
KK!HR
1044

Is the nature of job you are doing purely temporary or is it likely to be much more prolonged? It is shocking to see such one sided employment agreement. The three month contract is a deliberate ploy to avoid the required legal compliances and exploit the situation to the maximum. At any rate the ITES set up has to be registered under the respective state Shops & Establishment Act and is bound by it. The employer will not be able to escape the legal liability using this method. A compliant to the local labour office can expose them.
From India, Mumbai
Anonymous
They say that they will make it permanent on 2nd Mar if everything goes well. But my question would be - how anyone can work without taking a leave? Would like to know if I would be eligible to take any leaves as per law?
From India, Hyderabad
KK!HR
1044

Yes, to work continuously for six months without taking a single day off is inhuman and unbearable. It will have serious health implications. Although there is a promise to make you regular in March 2021, but looking to its policies, is it worth making any long term commitment?
From India, Mumbai
Anonymous
I do not know where I am heading to in this organization as you rightly said. But do you have any suggestions to me how to take it forward?
From India, Hyderabad
KK!HR
1044

It seems you have to look for your chances elsewhere. You may continue here for the time being.
From India, Mumbai
Anonymous
Thank you so much. But would like to know if there is any law which states that even contract employees are also entitled to take leaves?
From India, Hyderabad

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