Sandeep Employment Agreement 1
Sandeep Employment Agreement 1
Sandeep Employment Agreement 1
This agreement lays down the terms of employment, agreed upon by the employer
and employee. Whether stated explicitly in the agreement or not, both the
employee and the employer have the duty of mutual confidence and trust, and to
make only lawful and reasonable demands on each other.
__________________________________________________________
This EMPLOYMENT AGREEMENT (Hereinafter, the “Agreement”) is entered into
on this 26 day of June 2024,
BY AND BETWEEN
Sandeep Mills, a private limited company incorporated under the Companies Act,
1956, having its registered office at Greater Noida (here in after referred to as the
“Company” or “Employer”, which expression shall, unless repugnant to the meaning
or context hereof, be deemed to include all permitted successors and assigns),
AND
Nirmal Singh aged 32 years and residing at Surajpur, Greater Noida (here in
after referred to as the "Employee", which expression shall, unless repugnant to the
meaning or context hereof, be deemed to include all permitted successors and
assigns).
WHEREAS, the parties here to desire to enter into this Agreement to define and set
forth the terms and conditions of the employment of the Employee by the Company;
In this agreement the following terms shall have the following meanings:
4. Performance of Duties
a. The Employee agrees that during the Employment Period, he/she shall devote
his/her full business time to the business affairs of the Company and shall
perform the duties assigned to him/her faithfully and efficiently, and shall
endeavor, to the best of his/her abilities to achieve the goals and adhere to the
parameters set by the Company.
b. The Employee shall be responsible for:
Managing the mills production
Managing inventories
Managing staff under him/her
5. Compensation
7. Leave Policy
a. The Employee is entitled to 15 days of paid casual leaves in a year and 10 days of
sick leave. In addition, the Employee will be entitled to public holidays mentioned
under the Leave Policy of the Employer.
b. The Employee may not carry forward or encash any holiday to the next holiday
year.
c. In the event that the Employee is absent from work due to sickness or injury,
he/she will follow the Leave Policy and inform the designated person as soon as
possible and will provide regular updates as to his/her recovery and as far as
practicable will inform the designated person of the Employer of his/her expected
date of return to work.
d. If the Employee is absent from work due to sickness or injury for more than three
consecutive days he/she must submit to the Employer a self-certification form. If
such absence lasts for more than seven consecutive days the Employee must
obtain a medical certificate from his/her doctor and submit it to the employer.
e. For any period of absence due to sickness or injury the Employee will be paid
statutory sick pay only, provided that he satisfies the relevant requirements. The
Employee’s qualifying days for statutory sick pay purposes are Monday to Friday.
8. Assignment
a. The Employee acknowledges that any work including without limitation
inventions, designs, ideas, concepts, drawings, working notes, artistic works that
the Employee may individually or jointly conceive or develop during the term of
Employment are “works made for hire” and to the fullest extent permitted by law,
Employee shall assign, and does hereby assign, to the Employer all of Employee's
right, title and interest in and to all Intellectual Property improved, developed,
discovered or written in such works.
b. Employee shall, upon request of the Employer, execute, acknowledge, deliver and
file any and all documents necessary or useful to vest in the Employer all of
Employee's right, title and interest in and to all such matters.
9. Competing Businesses
During the Term of this Agreement and for a period of one (1) year after the
termination of this Agreement, the Employee agrees not to engage in any
employment, consulting, or other activity involving mills that competes with the
business, proposed business or business interests of the Employer, without the
Employer’s prior written consent.
10.Confidentiality
a. The Employee acknowledges that, in the course of performing and fulfilling his
duties hereunder, he may have access to and be entrusted with confidential
information concerning the present and contemplated financial status and
activities of the Employer, the disclosure of any of which confidential information
to the competitors of the Employer would be highly detrimental to the interests of
the Employer.
b. The Employee further acknowledges and agrees that the right to maintain the
confidentiality of trade secrets, source code, website information, business plans
or client information or other confidential or proprietary information, for the
purpose of enabling the other party such information constitutes a proprietary
right which the Employer is entitled to protect.
c. Accordingly, the Employee covenants and agrees with the Employer that he will
not, under any circumstance during the continuance of this agreement, disclose
any such confidential information to any person, firm or corporation, nor shall he
use the same, except as required in the normal course of his engagement
hereunder, and even after the termination of employment, he shall not disclose or
make use of the same or cause any of confidential information to be disclosed in
any manner.
d. The Employer owns any intellectual property created by the Employee during the
course of the employment, or in relation to a certain field, and he shall thereon
have all the necessary rights to retain it. After termination of employment,
Employee shall not impose any rights on the intellectual property created. Any
source code, software or other intellectual property developed, including but not
limited to website design or functionalitythat was created by the employee, during
the course of employment under this Agreement, shall belong to the Employer.
11. Remedies
If at any time the Employee violates to a material extent any of the covenants or
agreements set forth in paragraphs 6 and 9, the Company shall have the right to
terminate all of its obligations to make further payments under this Agreement. The
Employee acknowledges that the Company would be irreparably injured by a
violation of paragraph 6 or 9 and agrees that the Company shall be entitled to an
injunction restraining the Employee from any actual or threatened breach of
paragraph 6 or 9 or to any other appropriate equitable remedy without any bond or
other security being required.
a. In case the Employer terminates the employment without just cause, in which
case the Employer shall provide the Employee with advance notice of termination
or compensation in lieu of notice equal to 30 days.
b. The Employee may terminate his employment at any time by providing the
Employer with at least 30 days advance notice of his intention to resign.
c. The Employee may terminate on the last day of the month in which the date of
the Employee’s death occurs; or the date on which the Company gives notice to
the Employee if such termination is for Cause or Disability.
d. For purposes of this Agreement, "Cause" means the Employee's gross misconduct
resulting in material damage to the Company, wilful insubordination or
disobedience, theft, fraud or dishonesty, wilful damage or loss of Employer’s
property, bribery and habitual lateness or absence, or any other willful and
material breach of this Agreement.
13. Restrictive Covenant
14. Non-Assignment
The interests of the Employee under this Agreement are not subject to the claims of
his creditors and may not be voluntarily or involuntarily assigned, alienated or
encumbered.
15. Successors
This agreement shall be assigned by the Employer to any successor employer and be
binding upon the successor employer. The Employer shall ensure that the successor
employer shall continue the provisions of this agreement as if it were the original
party of the first part.
16. Indemnification
The Employee shall indemnify the employer against any and all expenses, including
amounts paid upon judgments, counsel fees, environmental penalties and fines, and
amounts paid in settlement (before or after suit is commenced), incurred by the
employer in connection with his/her defense or settlement of any claim, action, suit
or proceeding in which he/she is made a party or which may be asserted against
his/her by reason of his/her employment or the performance of duties in this
Agreement. Such indemnification shall be in addition to any other rights to which
those indemnified may be entitled under any law, by-law, agreement, or otherwise.
17. Modification
18. Severability
Each paragraph of this agreement shall be and remain separate from and
independent of and severable from all and any other paragraphs herein except where
otherwise indicated by the context of the agreement. The decision or declaration that
one or more of the paragraphs are null and void shall have no effect on the remaining
paragraphs of this agreement.
The titles to the paragraphs of this Agreement are solely for the convenience of the
parties and shall not be used to explain, modify, simplify, or aid in the interpretation
of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of
_____, _______. Each party hereby irrevocably submits to the exclusive
jurisdiction of the courts of_______,_______, for the adjudication of any dispute
hereunder or in connection herewith.
21. Counterparts
The Agreement may be executed in two or more counterparts, any one of which shall
be deemed the original without reference to the others.
IN WITNESS WHEREOF, the Employee has hereunto set his hand, and the
Company has caused these presents to be executed in its name and on its behalf, all
as of the day and year first above written.
Sign: ________________