Vous êtes sur la page 1sur 8

Company name.

Date: .

Mr./ Ms. ..
.
.

Dear .

As we look forward to your joining us on . By virtue of the offer dated


.. which has been accepted by you.

We have shared with you all the information regarding the joining formalities. We understand that
you have completely understood the same and are willing to abide by the same.

We have also discussed with you that as per company name policy we will be providing you a
training and you are aware that you are required to execute the attached service agreement and
submit the same to Company name on the date of your joining. As we look forward to your
undergoing training, we also think it is important for you to understand the commitment the
company is making to train you, which involves a considerable investment by Company name.
while we are happy to make that investment we expect in return that our employees will use the
training to benefit the company. Consequently, as a condition of your training, we have proposed
the following:

Should you voluntarily leave the employment of Company name for any reason within 12
months from the date of joining, you must reimburse the Company a sum of rupees 50,000 as
liquidated damage.

The attached describes in legal language the above agreement.

If the proposal is acceptable to you please sign the Letter of Consent.

Sincerely,

Manager

LETTER OF CONSENT

I hereby opt to undergo training provided by Company name.

I acknowledge the fact that the company will be spending considerable sum of money in my
training. I have read and fully understand the liquidated clause of the attached agreement and
thereafter agreed to sign, execute and deliver the Service Agreement to Company name. I am
executing the agreement of my own free will and volition after fully evaluating the offer and
proposal given by Company name.
I also understand that it was not obligatory on
Company name to provide me an offer of employment. However, based on my representations
and warranties including representations that I shall be complying with my conditions of service.
Company name has provided me the employment. I will hence, provide my service to Company
name and will deliver and execute document that I have been informed about, including but not
limited to the Service Agreement.
Signature:..
Name of the employee:. Date:..

AGREEMENT

This Agreement, entered into this .. day of 2008 & effective day
of 2008 between:

A. Company name, a duly registered under the provisions of the companies Act, 1956, having
its registered office at Noida. (Hereinafter referred to as, Company name which term also
includes interalia its representatives, permitted assigns and successor in interests) through its
authorized representative and manager

AND

Mr./Ms. . S/O,D/O
R/O
(Hereinafter referred to as, Employee)

B. Whereas.... (hereinafter referred to as employee) has opted to


undergo Training for a period of three months which would deem to have begun from
.. i.e. his/her date of joining and Employee out of his/her own free will and
volition executes this agreement.

C. Whereas, Company name agrees to incur expenses towards the enhancement of the
Employees skills through this training, and also pay the salary to the Employee while the
Employee is receiving this training.
Employees Signature

Now therefore, in consideration of the mutual promises and convenants herein set forth and other
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:

1. The Employee, has agreed to serve Company name for a period of 12 months.The
duration of 12 month would start from the date of joining and this agreement shall also be
effective from the same date.

2. That the employee agrees that for a business need/requirement or on clients request or
for any other reason whatsoever, at the sole discretion of Company name, his/her
employment may be transferred to any of Company name sister/associate/ancillary or
any other company(ies) in the Company name (hereinafter referred to as Transferee
Company). Thereafter the employee shall become an employee on the rolls of the
Transferee Company to which he/she is transferred. The employment of the employee
with the transferee company shall be on identical terms as the employment with
Company name (under the present agreement) unless altered by the Transferee
Company at its sole discretion.This agreement shall continue to bind the employee even
after the transfer; and no fresh agreement would be required to be executed between the
employee and the Transferee Company.

3. Employee agrees to perform services and assignments for Company name, diligently
and efficiently until such time as those services and assignment are completed to the
satisfaction of Company name , or until otherwise determined Company name. In case
Company name takes action under the disciplinary procedure, which result in the
dismissal of the employee, or the employee breaches the terms of this agreement, then
the employee undertakes to pay Company name to pay the sum mentioned in clause 4,
herein.

4. It being impracticable to ascertain or estimate the actual cost, damage or injury which
Company name may sustain, should Employee breach the terms and conditions of this
Agreement as set forth above , Employee agrees and undertakes to pay to Company
name a sum of Rupees, 50,000 as liquidated damages. It is further clarified that the said
amount is only a damage and is not in the nature of penalty.

5. The parties hereto agree that the agreement and convenants contained herein are
Severable, and in the event any one of them is held to be invalid by a competent court,
said invalid agreements and covenants shall not affect the enforceability or validity of the
remainder of this Agreement.

Employees Signature

6. The employee undertakes the responsibility to inform Company name of any changes in
his/her residential address and also the change of address of his/her Guarantor.

7. Any matter of disputes or difference arising out of or in connection with this Agreement
or by virtue of these presents or in respect of a claim made by one party and denied or
remaining unanswered/ unattended by the other party, then the said dispute, difference or
claim shall be referred to arbitration of a sole arbitrator. The employee hereby consents to
the appoint of such arbitrators by Company name. Non-payment of liquidated damages
including failure to respond to a demand for payment of outstanding dues shall be
deemed to be a dispute.

8. This agreement cannot be modified unless agreed in writing by both the parties.

9. It is agreed between the parties that any notice, claim or other communication required to
be sent by Company name shall be deemed to be received if it is sent by a registered
post to the last known address of the employee along with the same being sent under
certificate of posting, certificate of posting, registered acknowledgement, speed post, or
courier.

10. Unless otherwise intimated in writing the mailing address for service of notice on the
employee shall be
..

11. The sole arbitrator award shall be final and binding on both the the parties and the venue
of arbitration shall be at NOIDA and the language of proceeding shall be English. The
cost of arbitration shall be borne and paid equally by Company name and the
Employee.

12. The courts at NOIDA alone shall have the exclusive jurisdiction to hear matter pertaining
to the arbitration or any matter related to the dispute.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of


the date first above written.

------------------------------------------- ---------------------------------------
Company name Authorized Employees Signature
Signatory
Manager:

Witnesses Signature: Guarantors Signature:

Name: Name:
Address: Full Address:
GUARANTEE

This Agreement,(hereinafter referred to as Guarantee) entered into this day of


2008 & shall be effective from day
of. 2008 between:

A Company name a duly registered under the provisions of the companies Act, 1956, having
its registered office at Noida. (Hereinafter referred to as, Company name which term also
includes interalia its representatives, permitted assigns and successor in interests) through its
authorized representative and manager .
..
..

AND

B. Mr./Ms..S/O, D/O
R/O...
(Hereinafter referred to as, Guarantor)_ who is (relationship with
the employee) of the employee

C. WHEREAS, . (hereinafter referred to as Employee) has


opted to undergo training for a period of 3 months which would deem to have begun from
and Guarantor out of his/her own free will and volition executes this
agreement.
Guarantors Signature

Guarantors phptograph attested by Notary

D. WHEREAS, Company name , agrees to incur expenses towards the enhancement of the
Employees skills through this training, and also pay the salary to the employee while the
employee is receiving this training.

E. WHEREAS, Employee has agreed and undertaken to serve Company name for a minimum
period of 12 months, from date of joining and has entered into an agreement
dated.. effective . Referred to as (agreement), which is
a part and parcel of this Guarantee

F. WHEREAS Employee has agreed to pay to Company name a sum of rupees 50,000 as
liquidated damages.

G. And whereas the Guarantor has assured Company name that he/she is fully Competent
to give this guarantee.

H. And whereas the guarantor understand that for a business need/requirement or on Clients
request or for any other reason whatsoever, at the sole discretion of Company name,
employees employment may be transferred to any of Company names
sister/associate/ancillary or any other companies in the Company name group (hereinafter
referred to as Transferee Company). There after the employee shall become an employee
on the rolls of the Transferee Company to which he/she is transferred. The employment of
the employee with the Transferee Company shall be on identical terms as the employment
with Company name (under the agreement) unless altered by the Transferee Company at its
sole discretion. The agreement shall continue to bind the employee even after the transfer;
and no fresh agreement would be required to be executed between the employee and the
Transferee Company.

Now , therefore, in consideration of mutual promises and considerations between Employee and
Guarantor, sufficiency of which is hereby acknowledged, the guarantor Agrees to do the
following:
1. The guarantor undertakes that he/she is financially independent and capable to give this
guarantee and pay liquidated damages in case of breach of agreement

2. The guarantor binds himself/herself personally to pay Company name any and all
money due to it from employee with regard to the liquidated damages accrued in the
event of breach of the agreement by the employee within 30 days of the said amount
demanded by Company name.

Guarantors Signature

3. The parties hereto agree the agreements and convenants contained herein are severable,
and in the event any one of them is held to be invalid by a competent court, said invalid
agreements and convenants shall not affect the enforceability or validity of the remainder
of this agreement.

4. The guarantor undertakes the responsibility to inform Company name of any changes in
his/her residential address or that of the employee

5. In case of breach of agreement Company name reserves the right to execute the
agreement in whatever way it deems fit directly or through its authorized, to recover the
liquidated damages.

6. The guarantor undertakes that in the event of death of the guarantor his/her legal heirs
also inherit the legal and financial to pay Company name liquidated damages in case of
breach of agreement.

7. Any matter of disputes or differences arising out of or in connection with this guarantee
agreement or by virtue of these present or in respect of a claim made by one party and
denied or remaining unanswered / unattended by the other party, then the said disputes,
difference or claim shall be referred to arbitration of a sole arbitrator. The guarantor
consents for the said sole arbitrator to be appointed by Company name. Non-payment of
liquidated damages including failure to respond to a demand for payment of outstanding
dues shall be deemed to be a dispute.

8. It is agreed between the parties that any notice, claim or other communication required to
be sent by Thirdeye Technosoft shall be deemed to be received if it is sent by a registered
post to the last known address of the guarantor along with the same being sent under
certificate of posting, registered acknowledgement, speed post, or courier.

9. Unless otherwise intimated in writing the mailing address for service of notice on the
guarantee shall be .
..

10. The sole arbitrator award shall be final and binding on the parties. The venue of
arbitration shall be at NOIDA and the language of proceeding shall be English. The cost
of arbitration shall be borne and paid equally by Company name and the employee.

11. The courts at NOIDA alone shall have the exclusive jurisdiction to hear matters of
pertaining to arbitration or any matter related to the dispute

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of


the date first above written.
------------------------------------------- ---------------------------------------
Company name Authorized Guarantors Signature
Signatory Name & Address :
Manager

Witnesses Signature: Signature:

Name: Name:
Address: Full Address:

Vous aimerez peut-être aussi