Hello all, I have recently gone through the service agreement as attached and required at the time of joining.
1. Can you please inform if this agreement holds valid?
2. If the agreement can be amended by adding any separate clause like a non-competence clause, how can it be done?
3. If an employee is bound by this agreement (which is assumed to be valid), can he be asked to sign a non-disclosure agreement after signing the service agreement?
I look eagerly forward to your support, please. Please email me at the earliest.
From India, Jalandhar
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121. Can you please inform if this agreement holds valid?
2. If the agreement can be amended by adding any separate clause like a non-competence clause, how can it be done?
3. If an employee is bound by this agreement (which is assumed to be valid), can he be asked to sign a non-disclosure agreement after signing the service agreement?
I look eagerly forward to your support, please. Please email me at the earliest.
From India, Jalandhar
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Hello Respected All, Is it the right enquiry done by me ? I hope that you may of some help in providing the pros and cons of such type of agreemnts. Kindly reply. Rgds
From India, Jalandhar
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From India, Jalandhar
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Dear,
I have gone through your agreement. I feel there is a problem in two clauses.
First - Tenure and Termination of Employment
If you want to terminate someone, then you will give 30 days' notice or salary in lieu of notice. Whereas if an employee wants to leave the organization, then he is required to give 60 days' notice or lieu thereof. It is wrong; it should be the same from both sides. You can change the agreement within a period of 3 months; it is at your sole discretion. This clause is wrong.
Secondly - Non-Completion of Employment Clause
After leaving, one cannot work for 36 months with a competitor, which is wrong; you cannot restrict employment.
Thank you.
J. S. Malik
From India, Delhi
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I have gone through your agreement. I feel there is a problem in two clauses.
First - Tenure and Termination of Employment
If you want to terminate someone, then you will give 30 days' notice or salary in lieu of notice. Whereas if an employee wants to leave the organization, then he is required to give 60 days' notice or lieu thereof. It is wrong; it should be the same from both sides. You can change the agreement within a period of 3 months; it is at your sole discretion. This clause is wrong.
Secondly - Non-Completion of Employment Clause
After leaving, one cannot work for 36 months with a competitor, which is wrong; you cannot restrict employment.
Thank you.
J. S. Malik
From India, Delhi
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Dear Sir,
Heart full of thanks for your noble advice. I request you to please guide me on whether other things are okay to make the agreement valid and enforceable after amending the clause you mentioned, or if any other amendments are vital to be made for the same?
Regards,
From India, Jalandhar
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Heart full of thanks for your noble advice. I request you to please guide me on whether other things are okay to make the agreement valid and enforceable after amending the clause you mentioned, or if any other amendments are vital to be made for the same?
Regards,
From India, Jalandhar
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Dear Sir,
Heartful thanks for your noble advice. I request guidance on whether making amendments to the mentioned clause would render the agreement valid and enforceable, or if there are other vital amendments required for the same.
Regards,
Friends,
In the context of the agreement, an important query arises regarding the significance of having the agreement or affidavit notarized. If the agreement is on stamp paper with signatures from both parties but is not notarized, does it hold legal binding, or is it considered void?
Thank you.
From India, Jalandhar
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Heartful thanks for your noble advice. I request guidance on whether making amendments to the mentioned clause would render the agreement valid and enforceable, or if there are other vital amendments required for the same.
Regards,
Friends,
In the context of the agreement, an important query arises regarding the significance of having the agreement or affidavit notarized. If the agreement is on stamp paper with signatures from both parties but is not notarized, does it hold legal binding, or is it considered void?
Thank you.
From India, Jalandhar
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Service agreement.doc
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