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EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of _____________ (Date), by and between ______________ (Name of the Employer/Company), a registered company under the laws of the Republic of India, having its registered office at _______________ (Address), hereinafter referred to as the "Employer", which term shall, unless repugnant to the context or meaning thereof, be deemed to include its successors and assigns, AND ______________ (Name of the Employee), an individual residing at ______________ (Address), hereinafter referred to as the "Employee".
WHEREAS the Employer desires to employ the Employee and the Employee desires to accept such employment upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. EMPLOYMENT TERM: The Employee's employment under this Agreement shall commence on _________ (Date) and continue until _________ (Date), unless earlier terminated as provided herein (the "Employment Term").
2. POSITION AND DUTIES: The Employee shall serve in the position of _________ and shall perform such duties as are customarily associated with such position, and such other duties as may be assigned from time to time.
3. COMPENSATION AND BENEFITS: The Employer shall pay the Employee a gross salary of Rs. _________ per annum, payable in monthly installments, less deductions required by law. The Employee shall be eligible for benefits as per the Employer's policies.
4. CONFIDENTIALITY: The Employee shall not disclose any confidential information of the Employer during or after the Employment Term, except with the Employer's prior written consent.
5. INTELLECTUAL PROPERTY: All intellectual property rights arising out of the Employee's services during the Employment Term shall belong exclusively to the Employer.
6. NON-COMPETITION: The Employee agrees not to engage in any business that competes with the Employer during the Employment Term and for a period of _________ (Period) after the termination of this Agreement.
7. NON-SOLICITATION: The Employee shall not solicit any clients, customers or employees of the Employer during the Employment Term and for a period of _________ (Period) after the termination of this Agreement.
8. PERFORMANCE REVIEW: The Employee's performance shall be reviewed at least annually and adjustments in compensation, if any, will be made based upon these reviews.
9. TERMINATION: Either party may terminate this Agreement upon providing _________ (Notice Period) written notice to the other party.
10. TERMINATION FOR CAUSE: The Employer may terminate this Agreement immediately for cause, which includes, but is not limited to, insubordination, theft, dishonesty, breach of confidentiality, or any other misconduct by the Employee.
11. SEVERANCE: If the Employee's employment is terminated by the Employer without cause, the Employer shall pay severance to the Employee in accordance with the Employer's policies.
12. RETURN OF PROPERTY: Upon termination of this Agreement, the Employee shall return all property of the Employer in his/her possession.
13. SURVIVAL: The obligations under the sections titled "Confidentiality," "Intellectual Property," "Non-Competition," "Non-Solicitation," and "Return of Property" shall survive the termination of this Agreement.
14. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
15. JURISDICTION: Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in _________ (Place).
16. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between them relating to the subject matter of this Agreement.
17. AMENDMENT: This Agreement may be amended only by a written agreement signed by both parties.
18. WAIVER: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time.
19. SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. ASSIGNMENT: The Employee may not assign this Agreement or any of his/her rights or obligations under this Agreement without the Employer's prior written consent.
21. INDEMNITY: The Employee agrees to indemnify the Employer against any and all losses, damages, claims, liabilities, costs, and expenses incurred by the Employer as a result of the Employee's breach of this Agreement.
22. FORCE MAJEURE: Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control.
23. NOTICES: Any notice required to be given under this Agreement shall be in writing and delivered to the parties at their respective addresses set forth above.
24. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
25. INDEPENDENT LEGAL ADVICE: The Employee acknowledges that he/she has had the opportunity to seek independent legal advice before signing this Agreement.
26. COMPLIANCE WITH LAWS: Both parties shall comply with all applicable laws, rules, and regulations in performing their respective obligations under this Agreement.
27. NO PARTNERSHIP OR AGENCY: Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
28. DISPUTE RESOLUTION: Any disputes arising out of this Agreement shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996.
29. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
30. ACKNOWLEDGMENT: The Employee acknowledges that he/she has read, understood, and voluntarily agrees to all the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement as of the date first above written.
______________________
(Name of the Employer/Company)
By:______________________
(Name, Title)
______________________
(Name of the Employee)