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FORM OF AGREEMENT BETWEEN THE EMPLOYER AND WORKMAN REGARDING COMPENSATION FOR INJURY CAUSED
TO WORKMAN BY ACCIDENT

MEMORANDUM OF AGREEMENT

        It is hereby submitted that on the ...................................... day of ............................, 2000, personal injury was caused to ..................................... residing at ....................  by accident arising out of and in the course of employment in .................. .............................................. The said injury has resulted in temporary disablement to the said workman whereby it is estimated that he will be prevented from earning more than of his previous/ any wage for a period          ................................ months. The said workman has been in receipt of half-monthly payments which have continued from the ................ day of ........................ 2000 until the .......................... day of .............................. 2000, amounting to Rs. ................ in all. The said workman's monthly wages are estimated at Rs. ................ The workman is over the age of 15 years/ will reach the age of 15 years on .................... It is further submitted that .....................¡­.... I, the employer of the said workman has agreed to pay, and the said workman has agreed to accept, the sum of Rs. ..................... in full settlement of all and every claim under the Workmen's Compensation Act, 1923, in respect of all disablement of a temporary nature arising out of the said accident, whether now or hereafter to become manifest. It is, therefore, requested that this memorandum be duly recorded.

Dated.......................


Signature of employer ..................................................
Witness.........................................................................

Signature of workman ......................................
Witness.........................................................................

Note.-An application to register an agreement can be presented under the signature of one party, provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible.

Receipt (to be filled in when the money has actually been paid).

In accordance with the above agreement, I have this day received the sum of
Rs. ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­..

Dated ¡­¡­¡­¡­2000.       
¡­¡­¡­¡­¡­¡­¡­¡­¡­..workman

The money has been paid and this receipt signed in my presence.

.¡­¡­¡­¡­¡­¡­¡­¡­¡­.witness

Note.¡ªThis form may be varied to suit special cases, e.g., injury by occupational disease agreement when workman is under legal disability etc.


APPOINTMENT LETTER OF A PROBATIONER

                                 ................... ...................

                                                                        Date.................

To,

Shri ...........................
................................

Dear Sir,

        With reference to your application dated ...................... for the captioned post and subsequent test and interview, we are pleased to advise you that you have been selected as a probationer for a period of two years in the    ............. department of the company on the following terms and conditions:

1.        Date of appointment
        You will be appointed as a probationer with effect from ................

2.        Probation period
The probation period will be one year. However, the said period can be extended at the discretion of the company for a further period of ..................... years.

3.         Salary during probation
During the probation period, you will be entitled to fixed salary of Rs. .................. per month.

4.         Appointment after expiry of probation period, in case found suitable
If after the expiry of probation period, you are found suitable by the company, you will be confirmed in your appointment on a salary of Rs. ...................... in the scale of ......................... plus other admissible allowances and contributory provident fund. If you are not found suitable for the job, your appointment will be terminated at the discretion of the company and in case of such termination you will have no right or claim against the company.

5.         Standing orders
You shall abide by the terms and conditions of the standing orders and the rules of the company as in force from time to time.

6.         To obey orders and directions of the Manager
You shall obey the orders, directions of the Manager and other officers of the company.

        In case you are agreeable to the above please confirm and sign duplicate copy of this letter as a token of your acceptance.

                                                                        Yours faithfully,

                                                                        Manager
I agree and accept the above terms/conditions.

Signature of the Probationer.




LETTER OF APPOINTMENT OF AN OFFICER

Shri  ................................. .......................................

Dear Sir,

With reference to your application dated ................... and further tests and interview, we are pleased to inform you that you have been appointed by the company as an officer on the following terms and conditions:

1.        Your salary will be Rs. .............. p.m. in the pay scale of .......... plus other allowances as admissible to the officers of the company from time to time.

2.        You will be on probation for a period of one year (extendable upto two years at the discretion of the company) from the date of your appointment. You will be eligible to draw annual increments during the probation period. However, grant of an increment would not mean that the company considers you suitable for being confirmed in the company's service.

3.        You are liable to be posted in any of the offices of the company and to work in any of its departments. You are also liable for transfer to any place in India as the company may decide from time to time without payment of any allowance other than travelling allowance.

4.        You will be governed by the XYZ Co. (Staff Regulations, as amended from time to time.

5.        You will not engage in any other work or carry out any other business except with the permission of the company.

        If the above terms and conditions are acceptable to you, please advise us on or before ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.. If no reply is received upto that date, it will be presumed that you are not interested in the company¡¯s appointment and your name will be deleted from the selected list.

                                                                        Yours faithfully
                                                                       

(¡­¡­..¡­¡­¡­¡­..)
                                                                        Personal Manager
   
AGREEMENT BETWEEN A COMPANY AND SECURITY SERVICE COMPANY FOR PROVIDING SECURITY SERVICES TO THE COMPANY'S PROPERTY

        THIS AGREEMENT made at ......... on this ......... day of ....... 2000, between ABC Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ................ (hereinafter referred to as "the Employer", which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART and XYZ Security Guards (P) Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ..........  (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 and assigns) of the OTHER PART.

WHEREAS the employer is having its factory at .......... hereinafter referred
to as "the said factory" and it wants to employ security guards to provide security services to the said factory.

AND WHEREAS The company, who is experienced in providing security services to the industrial units and other organisations has offered to provide security services to the Employer at the said factory and the employer has agreed to avail the said services being provided by the company.                 

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.        The company shall provide .......... security guards to keep ward and watch and protection of the said factory as per the employer's requirement. The security guards provided by the company will be for twenty-four hours in the shift of 8 hours and shall provide complete security arrangement and protection of the said factory round the clock.

2.        The employer shall give the watchmen's hut constructed on the gate of the said factory to the security guards and the said guards shall cheek all the vehicles and personnel entering into and going out of the said factory as per the instructions issued by the employer's representative from time to time and shall maintain proper record of the vehicles and personnel coming and going out of the factory.

3.        The company at its own expenses shall provide its security guards with necessary uniform, arms, outfit, etc. required for the effective discharge of security services to the employer.

4.        The company shall ensure that the security guards provided by it maintain perfect discipline and behavior and they shall not in any manner cause any interference, annoyance, nuisance to the management of the employer or its business or work or its officers/ employees/other contractors.

5.        The company agrees and undertakes that the security services provided by the security guards shall be to the entire satisfaction of the employer and the company will make it clear to the security guards that the latter are employees of the company and they shall have no claims against the employer and the employer shall not be liable to wages, salary, compensation and any statutory benefits due to the security guards under the labour law and other legislation and the company shall be responsible for providing such amenities to its employees admissible under the law/rules/service conditions.

6.        The company will indemnify the employer against any claim, loss, damage occurred, or caused to the employer due to willful acts or omissions or carelessness or negligence of the security guards employed by the company, while on duty.
       
7.        The employer shall pay a sum of Rs. .........  (Rupees............... only) per security guard per month and a sum of Rs. ......... per security guard for three national holidays for the services provided by the company on submission of the bill by the company by 10th day of the following month. The employer shall not make any payment to the security guards and payment will be made to the company only.

8.        The company will obtain licence, if any, required under the local or central laws for providing security services to the employer.

9.        The employer shall be entitled to supervise the services provided by the company and if it finds that the conduct, behavior and performance of work of any of its security guard is unsatisfactory, it may issue directions to the company to immediately recall the particular person and substitute him by another and the company shall comply with such directions issued by the employer forthwith.

10.        This agreement will be for a period of one year from the date of execution of these presents. The employer shall, in the event of the company committing any breach of any of the terms and conditions of this agreement or if the services provided by the company is considered to be unsatisfactory by the employer or for any other reason considered by the employer as sufficient, be entitled to terminate this agreement by giving one month's notice in writing and the company shall not be entitled to any compensation in case of such termination. The company may also terminate this Agreement by giving one month's notice in writing to the employer.

11.        On expiry or earlier determination of this agreement, the company and the security guards shall vacate the factory premises, without in any way causing any damage to the said premises and the factory's property therein.

12.        In case of any dispute or difference arising between the parties under this agreement, the decision of  ......... will be final and binding and the company will not be entitled to lodge any claim against the decision of the said Shri ¡­¡­¡­¡­¡­...........

13.        The stamp duty on this agreement and duplicate thereof shall be borne by the company. The original shall be retained by the employer and the company shall retain the duplicate.

14.        Unless otherwise agreed upon, the respective addresses for communication in respect of any matter relating to this agreement shall be as under:-

For the Employer ...........................................................
For the Company ............................................................

IN WITNESS WHEREOF, the parties have caused their common seal to be affixed to these presents and the duplicate, the day and year first hereinabove written.

The common seal of ABC Co. Ltd., the within named employer
is hereunto affixed pursuant to the resolution of its Board of
Directors passed at the meeting held on   .......¡­¡­¡­..

The common seal of A B Security Guards (P) Ltd.,
the within named company is hereunto affixed pursuant
to the resolution of its Board of Directors passed at the
meeting held on   ¡­¡­¡­¡­¡­¡­......   
WITNESSES;
1.

2.




AGREEMENT BETWEEN A COMPANY AND THE CONTRACTORS
FOR THE MAINTENANCE OF COMPUTERS FOR A FIX PERIOD

        THIS AGREEMENT made at ......... on this......... day of ........ 2000, between XYZ Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ........... (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 and assigns) of the ONE PART and TNT Computers Pvt. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ......... hereinafter referred to as "the TNT", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the OTHER PART.

WHEREAS the company has purchased 5 computers, the details of which have been given in the Schedule hereunder written, hereinafter referred to as "the said Computers" from TNT on ......... and TNT offered free service of the said computers for a period of one year from the date of purchase of the said computers.

AND WHEREAS after the expiry of free service period, the company has requested TNT to provide service of the said computers for a period of one year, which TNT has agreed to provide on the terms and conditions hereinafter contained.

NOW THESE PRESENTS WITNESS AND THE PARTIES HERETO AGREE HEREBY AS FOLLOWS:

1.        TNT will provide at the company's office all labour, parts and               material that it deems necessary to maintain in good operating condition the said computers. Replacement parts shall be new or their equivalent, replaced parts become the property of TNT. Services provided by TNT include and are limited to the following:

(a)        Preventive maintenance is maintenance and includes cleaning, adjusting, lubricating, inspecting, testing and calibrating procedures designed to endure proper operation, reduce product failure and/or extend useful product life. This maintenance will be performed according to the procedures and at the frequencies recommended by the company. Preventive maintenance will be performed at company office at the company's facility during the contract period (regular business days/hours), as mutually agreed or coincident with remedial maintenance, by authorised TNT's service representative. Preventive maintenance is limited to two regular work days unless, at the discretion of TNT, additional days are necessary to complete the preventive maintenance, such days not to exceed five working days. Remedial maintenance during a preventive maintenance that requires additional days will be charged as remedial maintenance call or at the current hourly rate if all remedial calls have been used.

(b)        Remedial maintenance is unscheduled maintenance at the company's facility. Remedial maintenance includes the diagnosis and correction of product malfunctions and failures. Remedies may consist of temporary procedures to be followed by the company while a permanent remedy is being sought. Remedial maintenance will commence during the period of this agreement and will continue uninterrupted as long as reasonable progress is being made or until the product(s) is/are operational. If TNT determines that additional parts or resources are required, service will resume as soon as these parts or resources are available. After all remedial maintenance calls have been used, additional remedial maintenance will be allowed at the current TNT hourly rate.

(c)        Assembly repair is unscheduled repair of returnable assembly level components (printed circuit boards, power supplies, switching units, etc.) at TNT's factory. Assembly repair includes the diagnosis and correction of product malfunctions and failures. Assembly repair will commence during the period of coverage and will continue uninterrupted as long as reasonable progress is being made or until the product(s) is/are operational. If TNT determines that additional parts or resources are required, service will resume as soon as these parts or resources are available. The number of repairs of assemblies related to equipment covered under this agreement is unlimited.

2.        The periods of coverage specified below shall uniformly apply to all products covered by this Agreement. The company may request a change in the specified periods of coverage at any time. Such change is subject to written approval by TNT.

        Monday through Friday                        7.30 A.M. to 4.00 P.M.
        (excluding TNT holidays)
        Saturday                                     N/A       TO      NIA
        Sunday                                       NIA       TO      NIA
       
3.        The response time is 48 hours. TNT shall respond to a request for remedial maintenance or technical support within the specified response time measured in clock hours. Availability of TNT personnel and telephone answering service is limited to the specified period of coverage. "Response Time" is defined as the duration of time necessary for TNT personnel to initiate action upon a specified company request and advise the company of either action to take to complete that particular request or action to take to provide TNT with additional information needed to assist in such company's request completion, or the embarkation of TNT personnel for arrival at the company's equipment site.

4.        TNT shall be under no obligation to furnish support service under this agreement should repair be required because of.-
(i)        improper use;
(ii)        natural disasters such as flood or earthquake;
(iii)        strikes, riots or acts of war or nuclear disaster;
(iv)        repairs, maintenance, modifications or relocation and re-                            installation made by other than TNT personnel or without TNT's       supervision and approval;
(v)         unusual shock or electrical damage, neglect, air-conditioning            failure, humidity control failure, a corrosive atmosphere harmful to     electronic circuitry, damage during transportation by the company or causes other than ordinary use; and
(vi)        failure by company to maintain the site specifications recommended by TNT. If support services are required as a result of the causes stated above, such service shall be provided at TNT standard service rates for labour, travel and material in effect at the time of service. TNT may also, at its option, terminate this agreement as a result of the causes stated above. Termination is subject to the guidelines specified under Item 8 of this Agreement.
       
5.        TNT may, at its option, with no additional charge to the company, make modifications to improve the operation and or reliability of the products being serviced under this agreement.

6.        If the company intends to relocate the products covered under this agreement, it shall give TNT sixty days written notice prior to any relocation of products covered by on-site support services being provided under this agreement. The products moved to a location within the country of original installation shall continue to be serviced under this agreement. The response time and charges will be adjusted to reflect the new location. Products moved outside the country of original installation may continue to be serviced under this agreement, at the option of TNT. The services to be provided and charges for such services shall be subject to mutual agreement. For installed products, which will continue to be serviced, TNT at its option, shall supervise the dismantling and packing of the product and shall inspect and re-install the products at the new location. These services, if provided, shall be at additional charge based on TNT's standard service rates in effect at the time. The company shall furnish all labour and materials for the dismantling, packing and placement of the products during relocation.

7.        TNT's services do not include:

(i)        operating supplies and consumables;
(ii)        refinishing the products or furnishing materials for that purpose;
        (iii)         electrical work external to the products;
(iii)        maintenance of accessories, attachments or products not specified herein or on subsequent orders; or
(iv)        any other services not specifically described herein.


8.        This agreement shall be for a period of one year from the date of these presents, unless terminated by either party on not less than ninety days written notice (given prior to the expiration of the successive period then in effect).

9.        The company shall pay a sum of Rs.......... per month per computer for services provided by TNT. The said charges are exclusive of State and local use, sales, property (ad valorem) and similar taxes. The company shall pay such taxes and when applicable such taxes will appear as separate items on TNT's invoice.

10.         The TNT shall submit invoice for charges in advance or as soon as it become applicable. Any administration charge will be invoiced in advance as soon as it becomes applicable. Invoices for other charges will be submitted as the charges are incurred. Unless otherwise stated in writing by TNT, the company shall pay all invoices submitted under this agreement within twenty days from date of invoice.

11.        Any attempt to assign or transfer any of the rights, duties, or obligations herein shall render such attempted assignment or transfer null and void.

12.        TNT reserves the right to withhold without liability, but with prior written notice, any services authorised by the company under this agreement, if the company is delinquent in payment for any services, and to change the credit terms herein when, in TNT's opinion, the financial condition or previous payment record of the company so warrants.

13.        In the event of any proceedings, voluntary or involuntary, in it bankruptcy or insolvency or winding-up by or against the company or in the event of the appointment, with or without the company's consent of an assignee for the benefit of creditors, or of a receiver, TNT may y  elect to cancel the unfulfilled part of this Agreement without refund or liability for said unfulfilled part.

14.        TNT's failure to exercise any of its rights hereunder shall not constitute or be deemed waiver or forfeiture of such rights.

15.        Any notice required to be given hereunder shall be given in writing at the address of each party set forth within or to such other address either party may substitute by written notice to the other.

16.        All disputes and differences of any kind whatever arising out of or in connection with this agreement shall be referred to the arbitration and final decision of an arbitrator to be agreed upon and appointed by the parties or in case of disagreement as to the appointment of a single arbitrator, to the appointment of two arbitrators, one to be appointed by each party and if there are two arbitrators, they shall before taking upon themselves the burden of reference appoint an umpire. The arbitrator or arbitrators, as the case may be, shall make his or their award within one year or such further extended lime as may be decided by him or them, as the case may be, with the consent of the parties the date of entering on the reference. This submission to the arbitrators shall be deemed to be a submission to arbitration within the meaning of the Indian Arbitration Act, 1940 or any statutory modification thereof. The award of arbitrator or arbitrators, as the case may be, shall be final and binding on the parties.

17.        This agreement shall be executed in duplicate. The original shall be retained by the company and duplicate by the TNT.

        IN WITNESS WHEREOF the parties have executed these presents on the day and year hereinabove written and in the manner hereinafter mentioned.

Signed and delivered by X Y Co. Ltd., the within
named company, by its Managing Director Shri.........

Signed and delivered by TNT Computers Pvt. Ltd., the
within named TNT, by its Marketing Director Shri...........
WITNESSES;
1.

2.


Employment Agreement for Executives
THIS AGREEMENT (hereinafter referred to as the "Agreement") made and executed at [Place] this [Date], by and between [Company's Name] a company incorporated under the Companies Act, 1956 and having its registered office at [address](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 and assigns) of the ONE PART AND [Employee's Name], Indian Inhabitant residing at [address](hereinafter referred to as the "Executive", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the OTHER PART.
WHEREAS the Company is desirous of employing the Executive and the Executive wishes to accept employment with the Company,on the terms and subject to the conditions set forth in this Agreement.
NOW IT IS AGREED BY AND BETWEEN THE PARTIE HERETO AS FOLLOWS:
1. Employment. The Company shall employ the executive and the Executive shall serve the Company, as a (specify the category of employment/service) of the Company, with such duties and responsibilities as may be assigned to the Executive by the President/CEO of the Company and as are normally associated with a position of that nature. The Executive shall devote her best efforts and all of her business time to the performance of her duties under this Agreement and shall perform them faithfully, diligently and competently and in a manner consistent with the policies of the Company as determined from time to time by an officer of or President/CEO of the Company. The Executive shall report to the General Manager, (specify) Office of the Company. The Executive whilst working in the Company shall not engage in activities outside the scope of her employment if such activities would detract from or interfere with the fulfillment of her responsibilities or duties under this Agreement or require substantial time or services on the part of the Executive. The Executive shall not serve as a director (or the equivalent position) of any company or other entity and shall not receive fees or any other remuneration for work performed either within or outside the scope of her employment without prior written consent of the President/CEO of the Company. This consent shall not be unreasonably withheld.
2. Term of Employment. The Executive's employment by the Company under this agreement shall commence on the date of this Agreement and subject to earlier termination pursuant to Clause 5 or 7, shall terminate on (specify date). This Agreement may also be extended as needed by a written amendment as discussed in Clause 8.
3. Compensation. As full compensation for all services rendered by the Executive to the Company under this Agreement, the Company shall pay to the Executive the compensation set forth in Schedule A attached hereto. This schedule may be amended from time to time in writing by the Company and the Executive.
4. Fringe Benefits; Expenses
A. The Executive shall be entitled to receive all health and pension benefits, if any, provided by the Company to its employees generally and shall also be entitled to participate in all benefit plans, if any, provided by the Company to its employees generally.
B. The Company shall reimburse the Executive for all reasonable and necessary expenses incurred by her in connection with the performance of her services for the Company in accordance with the Company's policies, upon submission of appropriate expense reports and documentation in accordance with the Company's policies and procedures. The Company will reimburse the Executive for the expenses involved with her acquisition and business-related use of a portable cellular telephone.
C. The Executive shall be entitled to Three (3) weeks paid vacation annually, to be taken at times selected by her, with the prior concurrence of the General Manager to whom the Executive is to report.
5. Disability or Death
A. If, as the result of any physical or mental disability, the Executive shall have failed or is unable to perform her duties for a period of Sixty (60) consecutive days, the Company may, by notice to the Executive subsequent thereto, terminate her employment under this Agreement as of the date of the notice without any further payment or the furnishing of any benefit by the Company under this Agreement (other than accrued and unpaid basic salary and commissions and expenses and benefits which have accrued pursuant to any plan or by law).
B. The term of the Executive's employment under this Agreement shall terminate upon her death without any further payment or the furnishing of any benefit by the Company under this Agreement (other than accrued and unpaid basic salary and commissions and expenses and benefits which have accrued pursuant to any plan or by law).
6. Noncompetition; Confidential Information; Inventions
A. During the term of the Executive's employment under this agreement, the Executive shall not, directly or indirectly, engage or be interested (as a stockholder, director, officer, employee, salesperson, agent, broker, partner, individual proprietor, lender, consultant, or otherwise), either individually or in or through any person (whether a corporation, partnership, association, or other entity) which engages anywhere in India in a business which is conducted by the Company on the date of termination of her employment, except that she may be employed by an affiliate of the Company and hold not more than 2% of the outstanding securities of any class of any publicly held company which is competitive with the business of the Company.
B. The Executive shall not, directly or indirectly, either during the term of the Executive's employment under this Agreement or thereafter, disclose to anyone (except in the regular course of the Company's business or as required by law), or use in any manner, any information acquired by the Executive during her employment by the Company with respect to any clients or customers of the Company or any confidential or secret aspect of the Company's operations or affairs unless such information has become public knowledge other than by reason of actions (direct or indirect) of the Executive. Information subject to the provisions of this paragraph shall include, without limitation:
(i) procedures for computer access and passwords of the Company's clients and customers, program manuals, user manuals, or other documentation, run books, screen, file, or database layouts, systems flowcharts, and all documentation normally related to the design or implementation of any computer programs developed by the Company relating to computer programs or systems installed either for customers or for internal use;
(ii) lists of present clients and customers and the names of individuals at each client or customer location with whom the Company deals, the type of equipment or computer software they purchase or use, and information relating to those clients and customers which has been given to the Company by them or developed by the Company, relating to computer programs or systems installed;
(iii) lists of or information about personnel seeking employment with or who are employed by the Company;
(iv) prospect lists for actual or potential clients and customers of the Company and contact persons at such actual or potential clients and customers;
(v) any other information relating to the Company's research, development, inventions, purchasing, engineering, marketing, merchandising, and selling.
C. The Executive shall not, directly or indirectly, either during the term of the Executive's employment under this Agreement or for a period of One (1) year thereafter, solicit, directly or indirectly, the services of any person who was a full-time employee of the Company, its subsidiaries, divisions, or affiliates, or solicit the business of any person who was a client or customer of the Company, its subsidiaries, divisions, or affiliates, in each case at any time during the past year of the term of the Executive's employment under this Agreement. For purposes of this Agreement, the term "person" shall include natural persons, corporations, business trusts, associations, sole proprietorships, unincorporated organizations, partnerships, joint ventures, and governments, or any agencies, instrumentalities, or political subdivisions thereof.
D. All memoranda, notes, records, or other documents made or composed by the Executive, or made available to her during the term of this Agreement concerning or in any way relating to the business or affairs of the Company, its subsidiaries, divisions, affiliates, or clients shall be the Company's property and shall be delivered to the Company on the termination of this Agreement or at any other time at the request of the Company.
E. (i) The Executive hereby assigns and agrees to assign to the Company all her rights to and title and interest to all Inventions, and to applications for Indian and foreign patents and Indian and foreign patents granted upon such Inventions and to all copyrightable material or other works related thereto.
(ii) The Executive agrees for herself and her heirs, personal representatives, successors, and assigns, upon request of the Company, to at all times do such acts, such as giving testimony in support of the Executive's inventorship, and to execute and deliver promptly to the Company such papers, instruments, and documents, without expense to her, as from time to time may be necessary or useful in the Company's opinion to apply for, secure, maintain, reissue, extend, or defend the Company's worldwide rights in the Inventions or in any or all Indian patents and in any or all patents in any country foreign to the Indian, so as to secure to the Company the full benefits of the Inventions or discoveries and otherwise to carry into full force and effect the text and the intent of the assignment set out in Clause 6E(i) above.
(iii) Notwithstanding any provision of this Agreement to the contrary, the Company shall have the royalty-free right to use in its business, and to make, have made, use, and sell products, processes, and services to make, have made, use, and sell products, processes, and services derived from any inventions, discoveries, concepts, and ideas, whether or not patentable, including, but not limited to, processes, methods, formulas, and techniques, as well as improvements thereof and know-how related thereto, that are not inventions as defined herein, but which are made or conceived by the Executive during her employment by the Company or with the use or assistance of the Company's facilities, materials, or personnel. If the Company determines that it has no present or future interest in any invention or discovery made by the Executive under this paragraph, the Company shall release such invention or discovery to the Executive within Sixty (60) days after the Executive's notice in writing is received by the Company requesting such release. If the Company determines that it does or may in the future have an interest in any such invention or discovery, such information will be communicated to the Executive within the 60-day period described above.
(iv) For purposes of this Clause 6E, "Inventions" means inventions, discoveries, concepts, and ideas, whether patentable or not, including, but not limited to, processes, methods, formulas, and techniques, as well as improvements thereof or know-how related thereto, concerning any present or prospective activities of the Company with which the Executive becomes acquainted as a result of her employment by the Company.
F. The Executive acknowledges that the agreements provided in this Clause 6 were an inducement to the Company entering into this Agreement and that the remedy at law for breach of her covenants under this Clause 6 will be inadequate and, accordingly, in the event of any breach or threatened breach by the Executive of any provision of this Clause 6, the Company shall be entitled, in addition to all other remedies, to an injunction restraining any such breach.
7. Termination. The Company shall have the right to terminate this Agreement and the Executive's employment with the Company for cause. For purposes of this Agreement, the term "cause" shall mean:
A. Any breach of the Executive's obligations under this Agreement;
B. Fraud, theft, or gross malfeasance on the part of the Executive, including, without limitation, conduct of a felonious or criminal nature, conduct involving moral turpitude, embezzlement, or misappropriation of assets;
C. The habitual use of drugs or intoxicants to an extent that it impairs the Executive's ability to properly perform her duties;
D. Violation by the Executive of her obligations to the Company, including, without limitation, conduct which is inconsistent with the Executive's position and which results or is reasonably likely to result (in the opinion of the President of the Company) in an adverse effect (financial or otherwise) on the business or reputation of the Company or any of its subsidiaries, divisions, or affiliates;
E. The Executive's failure, refusal, or neglect to perform her duties contemplated herein within a reasonable period under the circumstances after written notice from the General Manager, or the President of the Company, describing the alleged breach and offering the Executive a reasonable opportunity to cure same;
F. Repeated violation by the Executive of any of the written work rules or written policies of the Company after written notice of violation from the General Manager or the President of the Company;
G. Breach of standards adopted by the Company governing professional independence or conflicts of interest.
If the employment of the Executive is terminated for cause, the Company shall not be obligated to make any further payment to the Executive (other than accrued and unpaid base salary and commissions and expenses to the date of termination), or continue to provide any benefit (other than benefits which have accrued pursuant to any plan or by law) to the Executive under this Agreement.
8. Miscellaneous
A. This Agreement shall be governed by and construed in accordance with Indian laws, applicable to agreements made and performed in Indian, and shall be construed without regard to any presumption or other rule requiring construction against the party causing the Agreement to be drafted.
B. This agreement contains a complete statement of all the arrangements between the Company and the Executive with respect to its subject matter, supersedes all previous agreements, written or oral, among them relating to its subject matter, and cannot be modified, amended, or terminated orally. Amendments may be made to this Agreement at any time if mutually agreed upon in writing.
C. Any amendment, notice, or other communication under this Agreement shall be in writing and shall be considered given when received and shall be delivered personally or mailed by Registered AD Post with, Return Receipt to the parties at their respective addresses set forth below (or at such other address as a party may specify by notice to the other): (specify addresses)
D. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
E. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the remaining terms or provisions of this Agreement which shall remain in full force and effect and any such invalid or unenforceable term or provision shall be given full effect as far as possible. If any term or provision of this Agreement is invalid or unenforceable in one jurisdiction, it shall not affect the validity or enforceability of that term or provision in any other jurisdiction.
F. This Agreement is not assignable by either party except that it shall inure to the benefit of and be binding upon any successor to the Company by merger or consolidation or the acquisition of all or substantially all of the Company's assets, provided such successor assumes all of the obligations of the Company, and shall inure to the benefit of the heirs and legal representatives of the Executive.
By:         By:
______________________________
(Name and Title of Employer)         ______________________________
(Name of Employee)
(Name of Company)
("The Company")         ("Executive")




Confidentiality and Noncompetition Agreement

In consideration of my employment or continued employment by (Name of Company) (the "Company"), together with its affiliates and subsidiaries, and any subsidiaries or affiliates which hereafter may be formed or acquired, and in recognition of the fact that as an employee of the Company I will have access to the Company's customers and to confidential and valuable business information of the Company and of its parent company, (specify), together with its affiliates and subsidiaries, and any subsidiaries or affiliates which hereafter may be formed or acquired, I hereby agree as follows:
1. The Company's Business. The Company is (specify, for example, a consulting firm). The Company is committed to quality and service in every aspect of its business. I understand that the Company looks to and expects from its employees a high level of competence, cooperation, loyalty, integrity, initiative, and resourcefulness. I understand that as an employee of the Company, I will have substantial contact with the Company's customers and potential customers.
I further understand that all business and fees, including insurance, bond, risk management, self insurance, insurance consulting, and other services produced or transacted through my efforts, shall be the sole property of the Company, and that I shall have no right to share in any commission or fee resulting from the conduct of such business other than as compensation referred to in paragraph 3 hereof. All checks or bank drafts received by me from any customer or account shall be made payable to the Company, and all premiums, commissions, or fees that I may collect shall be in the name of and on behalf of the Company.
2. Duties of Employee. I shall comply with all Company rules, procedures, and standards governing the conduct of employees and their access to and use of the Company's property, equipment, and facilities. I understand that the Company will make reasonable efforts to inform me of the rules, standards, and procedures which are in effect from time to time and which apply to me.
3. Compensation and Benefits. I shall receive the compensation as is mutually agreed upon, which may be adjusted from time to time, as full compensation for services performed under this Agreement. In addition, I may participate in such employee benefit plans and receive such other fringe benefits, subject to the same eligibility requirements, as are afforded other Company employees in my job classification. I understand that these employee benefit plans and fringe benefits may be amended, enlarged, or diminished by the Company from time to time, at its discretion.
4. Management of the Company. The Company may manage and direct its business affairs as it sees fit, including, without limitation, the assignment of sales territories, notwithstanding any employee's individual interest in or expectation regarding a particular business location or customer account.
5. Termination of Employment. My employment may be terminated by the Company or me at any time, with or without notice or cause. Upon termination of my employment, I shall be entitled to receive incentive payments in accordance with the provisions of the Company's Incentive Plan, as it may be modified by the Company from time to time, less any adjustments for amounts owed by me to the Company. I understand that I may also receive additional compensation at the discretion of the Company and in accordance with the published Company Personnel Policy on Termination Pay.
6. Agreement Not to Compete with the Company.
A. As long as I am employed by the Company, I shall not participate directly or indirectly, in any capacity, in any business or activity that is in competition with the Company.
B. In consideration of my employment rights under this Agreement and in recognition of the fact that I will have access to the confidential information of the Company and that the Company's relationships with its customers and potential customers constitute a substantial part of its goodwill, I agree that for One (1) year from and after termination of my employment, for any reason, unless acting with the Company's express prior written consent, I shall not, directly or indirectly, in any capacity, solicit or accept business from, provide consulting services of any kind to, or perform any of the services offered by the Company, for any of the Company's customers or prospects with whom I had business dealings in the year next preceding the termination of my employment.
7. Unauthorized Disclosure of Confidential Information. While employed by the Company and thereafter, I shall not, directly or indirectly, disclose to anyone outside of the Company any Confidential Information or use any Confidential Information (as hereinafter defined) other than pursuant to my employment by and for the benefit of the Company.
The term "Confidential Information" as used throughout this Agreement means any and all trade secrets and any and all data or information not generally known outside of the Company whether prepared or developed by or for the Company or received by the Company from any outside source. Without limiting the scope of this definition, Confidential Information includes.findlaw any customer files, customer lists, any business, marketing, financial or sales record, data, plan, or survey; and any other record or information relating to the present or future business, product, or service of the Company. All Confidential Information and copies thereof are the sole property of the Company.
Notwithstanding the foregoing, the term Confidential Information shall not apply to information that the Company has voluntarily disclosed to the public without restriction, or which has otherwise lawfully entered the public domain.
8. Prior Obligations. I have informed the Company in writing of any and all continuing obligations that require me not to disclose to the Company any information or that limit my opportunity or capacity to compete with any previous employer.
9. Employee's Obligation to Cooperate. At any time upon request of the Company (and at the Company's expense) I shall execute all documents and perform all lawful acts the Company considers necessary or advisable to secure its rights hereunder and to carry out the intent of this agreement.
10. Return of Property. At any time upon request of the Company, and upon termination of my employment, I shall return promptly to the Company, including all copies of all Confidential Information or Developments, and all records, files, blanks, forms, materials, supplies, and any other materials furnished, used, or generated by me during the course of my employment, and any copies of the foregoing, all of which I recognize to be the sole property of the Company.
11. Special Remedies. I recognize that money damages alone would not adequately compensate the Company in the event of a breach by me of this Agreement, and I therefore agree that, in addition to all other remedies available to the Company at law or in equity, the Company shall be entitled to injunctive relief for the enforcement hereof. Failure by the Company to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such terms, covenants, or conditions.
12. Miscellaneous Provisions. This Agreement contains the entire and only agreement between me and the Company respecting the subject matter hereof and supersedes all prior agreements and understandings between us as to the subject matter hereof; and no modification shall be binding upon me or the Company unless made in writing and signed by me and an authorized officer of the Company.
My obligations under this Agreement shall survive the termination of my employment with the Company regardless of the manner of or reasons for such termination, and regardless of whether such termination constitutes a breach of this Agreement or of any other agreement I may have with the Company. If any provisions of this Agreement are held or deemed unenforceable or too broad to permit enforcement of such provision to its full extent, then such provision shall be enforced to the maximum extent permitted by law. If any of the provisions of this Agreement shall be construed to be illegal or invalid, the validity of any other provision hereof shall not be affected thereby.
This Agreement shall be governed and construed according to the laws of (specify State), and shall be deemed to be effective as of the first day of my employment by the Company.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF ITS PROVISIONS AND THAT I AGREE TO BE FULLY BOUND BY THE SAME.
Employee: ________________________________         Date: ____________
Accepted by: _______________________________
(Name and Title of Officer)         Date: ____________





CONTRACTOR AGREEMENT



THIS AGREEMENT made and executed at Mumbai this ___ day of ___, Two Thousand and One.

BETWEEN

1. _____, 2._____ and 3. ____, all Indian Inhabitant, being the trustees of ____ having the trust office at_____ hereinafter referred to as ¡°The Trustees¡± (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include the survivors or survivor of them and the Trustees or Trustee for the time being of these present and the  heirs, executors and administrators of the last surviving trustees and their or his assigns) of the One Part.

AND

_____, Indian Inhabitant, residing at _____ hereinafter referred to as ¡°The Contractor¡± (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, executors, administrators) of the Other Part.

WHEREAS  by a Deed of trust dated ------ the------- trust was created for various objects or purposes, one amongst them being running of an educational institution for promotion of education.The above referred party of one part are the trustees of the said trust.

AND WHEREAS the _____ is an Educational Institution being managed and controlled by the Trustees  and the Principal on behalf of the institution and the trustees is authorised to do all acts, deeds, matter and things necessary for proper management and running of the said Institution.

AND WHEREAS the Trustees and the Principal are desirous of appointing the party of the other part on contract basis to run a canteen in the Educational Institution in the premises to be allotted by them to the party of the other part for running of the said canteen the details of which is more particularly described in the schedule attached hereto on terms and conditions appearing herein below.  


NOW THIS CONTRACTOR AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:


1] The Contractor shall furnish at his own cost and expenses the canteen premises so allotted to him by the party of one part with all the requisite furniture and equipments including amongst others chairs, tables, lights, fans, exhaust fans,stove, refigrators, fire extinguisher and other equipment as may be necessary to run the said canteen in good and hygienic conditions and shall also take all due precautions to protect the said canteen premises from hazards of fire and other hazards. If due to any default or negligence or carelessness on the part of the contractor any damage is caused to the said canteen premises not only shall  the contractor be liable for the same but the agreement shall also be terminated by the party of one part without any prior notice.

2] The said contract shall be commenced on or before ________________, 2001, and shall terminate on or before ________________, 2002 or early determination of the contract on the party of one part giving one month notice to the contractor on breach of any of the terms and conditions of this contract or non-satisfactory performance by the said contractor. On the termination of this contract at the expiry of the aforesaid period  or earlier determination of this contract the contractor shall quit, vacate and deliver peaceful possession of the allotted premises in such good and substantial repair and condition and so maintained, saved and cleansed  and in all respects in such state and condition consistent with due performance of several terms and conditions herein contained reasonable wear and tear expected..


3] The Contractor shall obtain at his own cost and expense all the necessary permission and clearance from appropriate authorities as is required for running the said canteen.

4]  The Contractor shall pay the party of one part the Contract sum of Rs______________, subject to additions and deductions pursuant to authorised change orders.

5] The Contractor shall occupy and use the said allotted premises only for the purpose of running the said canteen and for no other purpose. The contractor shall keep and maintain the said allotted premises and the fixtures and fittings therein already existing and belonging to the party of one part  in good and tenantable repair and condition and shall repair and make good any loss or damage at his own expenses(reasonable wear and tear and loss or damage by flood, earthquake ,accident ,irresistible force or act of God excepted). However replacement of any exisiting fixtures and fittings which require replacement will be the responsibility of the Contractor.

6] The Contractor shall not sub-let,under-let, or part with the possession of the said allotted premises , or any part thereof during the continuance of this agreement.

7] The said allotted premises shall be used in a reasonable manner without being a nuisance or annoyance to the party of one part or to the neighbours.

8] The Contractor shall always sell and make available in the said canteen premises the following items: tea, coffee, soft drinks, snacks (veg and non-veg), mineral water, and clean drinking water (without cost). Under no circumstances any alcoholic drinks or cigarettes will be made available in the canteen. On breach of this condition the contract will be immediately terminated without giving the contractor any notice.

9] The Contractor shall always keep the canteen premises clean and in good and hygenic condition.The Principal or any other staff member shall be entitled to inspect and conduct periodical checks on the canteen premises and the conditions thereof without prior notice.

10] The canteen will remain open between __ to __ only ,unless prior permission in writing of the principal is obtained. The canteen will remain closed on__

11] The contractor will employ at his own cost and expense sufficient number of employees capable of taking and delivering order to the staff. No canteen service shall be provided outside the canteen premises to students by the Contractor or by his employer.

12] The contractor shall at his own cost provide his employees with presentable uniform of standard colour which should be worn during canteen hours by the said employees. The uniform should be clean to prevent health hazards.

13] The party of one part and the Educational institution will not be responsible for any fire, theft or other incidents or accidents occurring in the canteen premises and if the same occurs due to any negligence or default or carelessness on the part contractor and or his employees the contractor shall be liable to reimburse the institution for any loss or damages so caused.

14] It shall be the duty of the contractor to be always diligent and careful about the quality of the food and or drinks served in the canteen to prevent any health hazards. If due to negligence or default or carelessness on the part of the contractor and/or his employees the health hazards incur the contractor shall be held liable for the same.

15] Nothing herein contained shall constitute any demise or tenancy or sub- tenancy between the party of one part and the Contractor or shall be deemed to create any right to tenancy or any right to or interest in the said allotted premises or any part thereof or in favour of the Contractor, it being an express intention of the parties hereto, that this is a mere contractor agreement.

16]On the termination of this contract on or before________ or earlier determination of this contract the party of one part reserves the right to allot or re-allot the said allotted canteen premises to any person or party of their own choice.

17] All disputes or question arising hereunder shall unless decided by mutual agreement of the parties be resolved by referring to two arbitrators one  to be appointed by the each party and the appointed arbitrator will appoint the presiding arbitrator .Such arbitration shall be held  at Mumbai  and shall be governed by and  subject to the provisions of  the Arbitration and Conciliation Act, 1996 or any statutory modification or reenactment thereof for the time being in force in India and the Award shall be binding on the parties to the dispute.

18] All out of pocket expenses incidental to this agreement shall be borne by the parties hereto equally. The parties shall respectively bear and pay their respective Solicitors/Advocates fees and costs of and incidental to this Agreement.

19] The party of one part shall retain the original Contractor Agreement and the Contractor shall retain the duplicate thereof.

IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first hereinabove written.

SIGNED SEALED AND DELIVERED                    )
by the withinnamed party of one part                     )
in the presence of_____                             )


SIGNED SEALED AND DELIVERED                      )
by the withinnamed party of the other part         )
in the presence of_____                         )



CONFIDENTIALITY AGREEMENT

This Confidentiality Agreement (hereinafter referred to as the "Agreement") is made and effective the [Date] by and between [Owner] (hereinafter referred to as the "Owner") of ONE PART;and [Recipient] (hereinafter referred to as the "Recipient") of the OTHER PART
1. Confidential Information.
Owner proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Recipient. Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, business plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to Recipient by Owner. Confidential Information disclosed orally shall be identified as such within five (5) days of disclosure. Nothing herein shall require Owner to disclose any of its information.
2. Recipient's Obligations.
A. Recipient agrees that the Confidential Information is to be considered confidential and proprietary to Owner and Recipient shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with Owner, and shall disclose it only to its officers, directors, or employees with a specific need to know. Recipient will not disclose, publish or otherwise reveal any of the Confidential Information received from Owner to any other party whatsoever except with the specific prior written authorization of Owner.
B. Confidential Information furnished in tangible form shall not be duplicated by Recipient except for purposes of this Agreement. Upon the request of Owner, Recipient shall return all Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request. At Recipient's option, any documents or other media developed by the Recipient containing Confidential Information may be destroyed by Recipient. Recipient shall provide a written certificate to Owner regarding destruction within ten (10) days thereafter.
3. Term.
The obligations of Recipient herein shall be effective [Non-Disclosure Period] from the date Owner last discloses any Confidential Information to Recipient pursuant to this Agreement. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against Recipient, nor by the rejection of any agreement between Owner and Recipient, by a trustee of Recipient in bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of any of the foregoing under local law.
4. Other Information.
Recipient shall have no obligation under this Agreement with respect to Confidential Information which is or becomes publicly available without breach of this Agreement by Recipient; is rightfully received by Recipient without obligations of confidentiality; or is developed by Recipient without breach of this Agreement; provided, however, such Confidential Information shall not be disclosed until thirty (30) days after written notice of intent to disclose is given to Owner along with the asserted grounds for disclosure.
5. No License.
Nothing contained herein shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information. It is understood and agreed that neither party solicits any change in the organization, business practice, service or products of the other party, and that the disclosure of Confidential Information shall not be construed as evidencing any intent by a party to purchase any products or services of the other party nor as an encouragement to expend funds in development or research efforts. Confidential Information may pertain to prospective or unannounced products. Recipient agrees not to use any Confidential Information as a basis upon which to develop or have a third party develop a competing or similar product.
6. No Publicity.
Recipient agrees not to disclose its participation in this undertaking, the existence or terms and conditions of the Agreement, or the fact that discussions are being held with Owner.
7. Governing Law and Equitable Relief.
This Agreement shall be governed and construed in accordance with the laws of the Republic of India. Recipient agrees that in the event of any breach or threatened breach by Recipient, Owner may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Owner against any such breach or threatened breach.
8. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
9. No Assignment.
Recipient may not assign this Agreement or any interest herein without Owner's express prior written consent.
10. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
11. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
If to Owner:
[Owner]
[Owner's Address]
If to Recipient:
[Recipient]
[Recipient's Address]
12. No Implied Waiver.
Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
13. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
SIGNED, SEALED AND DELIVERED
by the withinnamed Owner in the
presence of Mr.___

SIGNED, SEALED AND DELIVERED
by the withinnamed Recipient in the
presence of Mr.___



EMPLOYEE NON-DISCLOSURE AGREEMENT

FOR GOOD CONSIDERATION, and in consideration of being employed by_______________(Company), the undersigned employee hereby agrees and acknowledges:

1. That during the course of my employ there may be disclosed to me certain trade secrets of the Company; said trade secrets consisting but not necessarily limited to:

a) Technical information: Methods, processes, formulae, compositions, systems, techniques, inventions, machines, computer programs and research projects.

b) Business information: Customer lists, pricing data, sources of supply, financial data and marketing, production, or merchandising systems or plans.

2. I agree that I shall not during, or at any time after the termination of my employment with the Company, use for myself or others, or disclose or divulge to others including future employees, any trade secrets, confidential information, or any other proprietary data of the Company in violation of this agreement.

3. That upon the termination of my employment from the Company:

a) I shall return to the Company all documents and property of the Company, including but not necessarily limited to: drawings, blueprints, reports, manuals, correspondence, customer lists, computer programs, and all other materials and all copies thereof relating in any way to the Company's business, or in any way obtained by me during the course of employ. I further agree that I shall not retain copies,notes or abstracts of the foregoing.

b) The Company may notify any future or prospective employer or third party of the existence of this agreement, and shall be entitled to full injunctive relief for any breach.

c) This agreement shall be binding upon me and my personal representatives and successors in interest, and shall inure to the benefit of the Company, its successors and assigns.

Signed this _____ day of ________, 19____.

___________
Company
I AGREE:
___________
Employee



NOTICE OF DISMISSAL


Date:________________________________
To:__________________________________


Dear Mr. (Employee),


We regret to notify you that your employment with the firm shall be terminated on _______ , 20___, because of the following reasons:
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

Severance pay shall be in accordance with company policy. Within 30 days of termination we shall issue you a statement of accrued benefits. Any insurance benefits shall continue in accordance with applicable law and/or provisions of our personnel policy.

Please contact _________, at your earliest convenience, who will explain each of these items and arrange with you for the return of any company property.

We sincerely regret this action is necessary.

Very truly,

____________________________________

Copies marked to:
______________


WARNING NOTICE

[DATE]
To: [EMPLOYEE'S NAME]
Dear [EMPLOYEE'S NAME]:
On ___________, 19__, at ____________, we met to discuss your unsatisfactory performance. Specifically, we identified the following as being unsatisfactory:
In order to improve your performance, you should:
I will assist you in any way I can to remedy the problem; however, unless these matters can be corrected, I shall have no alternative but to undertake further disciplinary or corrective action, which may include suspension.
Sincerely,
[NAME OF COMPANY]
______________________________
[SUPERVISOR NAME], [TITLE]
I hereby acknowledge receipt of this warning:


______________________________
[EMPLOYEE'S NAME]



LETTER OF APPOINTMENT OF AN OFFICER LETTER OF APPOINTMENT OF AN OFFICER


Shri  ................................. .......................................

Dear Sir,

With reference to your application dated ................... and further tests and interview, we are pleased to inform you that you have been appointed by the company as an officer on the following terms and conditions:

6.        Your salary will be Rs. .............. p.m. in the pay scale of .......... plus other allowances as admissible to the officers of the company from time to time.

7.        You will be on probation for a period of one year (extendable upto two years at the discretion of the company) from the date of your appointment. You will be eligible to draw annual increments during the probation period. However, grant of an increment would not mean that the company considers you suitable for being confirmed in the company's service.

8.        You are liable to be posted in any of the offices of the company and to work in any of its departments. You are also liable for transfer to any place in India as the company may decide from time to time without payment of any allowance other than travelling allowance.

9.        You will be governed by the XYZ Co. (Staff Regulations, as amended from time to time.

10.        You will not engage in any other work or carry out any other business except with the permission of the company.

        If the above terms and conditions are acceptable to you, please advise us on or before ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.. If no reply is received upto that date, it will be presumed that you are not interested in the company¡¯s appointment and your name will be deleted from the selected list.

                                                                        Yours faithfully
                                                                       

(¡­¡­..¡­¡­¡­¡­..)
                                                                        Personal Manager

FORM FOR MEMORANDUM OF SETTLEMENT OF INDUSTRIAL DISPUTE BETWEEN  EMPLOYER AND EMPLOYEES

                                                 
FORM FOR MEMORANDUM OF SETTLEMENT

Names of Parties
        Representing employer(s):
        Representing workmen:
                               
Short Recital of the Case
Terms of settlement

Signature of the parties
¡­¡­¡­¡­¡­.................
....................................

Witness:

(1)

(2)


Conciliation Officer
Signature of ¡­¡­¡­¡­¡­¡­.

Board of Conciliation

Copy to:
(1)         Assistant Labour Commissioner (Central) .................................. [Here enter the office address of the Assistant Labour Commissioner (Central) in the local area concerned].
  (2) Regional Labour Commissioner (Central) ...................................   
  (3) Chief Labour Commissioner (Central), New Delhi.
  (4) The Secretary to the Government of India, Ministry of Labour, New Delhi.

Conciliation Officer
In case of settlements effected by ¡­¡­¡­¡­¡­¡­..

Board of Conciliation

In case where settlements are arrived at between the employer and his workmen   
otherwise than in the course of conciliation proceeding.


BY REGISTERED AD POST         
        Your Name
        Address
        Telephone Number
        Date
Name of Officer
Title
Name of Employer
Address
Re: My Resignation
Dear (Name of Officer):
Please be advised that I am resigning from my job as (specify title) effective (specify date).
As of this date, I believe that (describe what salary, commissions, other benefits) are due, and I look forward to discussing my termination benefits with you.
I shall be returning all property belonging to the company (specify) by (date) and (optional: will be available to assist you in a smooth transition if requested).
I would appreciate your signing the enclosed letter of reference, which I have drafted, and discussing my cover story with me prior to being contacted by future potential employers.
Thank you for your attention to these matters.
        Very truly yours,
        Your Name
NOTE: Keep the letter brief and avoid giving specific reasons for the resignation, because this can preclude you from offering other reasons or tipping your hand in the event of a lawsuit.  



FORM FOR AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEES FOR REFERENCE OF DISPUTES TO ARBITRATION


AGREEMENT
BETWEEN
Names of the Parties;

        Representing employers:
        Representing workmen/workman:
       
It is hereby agreed between the parties to refer the following dispute to the arbitration of .............................. [here specify the name(s) and addressees) of the arbitrator(s)]:

(i)          Specific matters in dispute;
(ii)         Details of the parties to the dispute including the name and address of the establishment or undertaking involved;
(iii)         Name of the workman in case he himself is involved in the dispute or the name of the Union, if any, representing the workmen or workman in question;
(iv)         Total number of workmen employed in the undertaking affected;
(v)        Estimated number of workmen affected or likely to be affected by the dispute.

We further agree that the majority decisions of the arbitrator(s) be binding on us. In case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us.

        The arbitrator(s) shall make his (their) award within a period of                        ............................ (here specify the period agreed upon by the parties) or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.
                                       
                                                                Signature of the parties.

                                                                Representing employer.                
                                                                Workman/Representing WORKMAN / WORKMEN WITNESSES;

(1)

(2)


FORM OF AGREEMENT BETWEEN THE EMPLOYER AND WORKMAN REGARDING COMPENSATION FOR INJURY CAUSED TO WORKMAN BY ACCIDENT


MEMORANDUM OF AGREEMENT

        It is hereby submitted that on the ...................................... day of ............................, 2006, personal injury was caused to ..................................... residing at ....................  by accident arising out of and in the course of employment in .................. .............................................. The said injury has resulted in temporary disablement to the said workman whereby it is estimated that he will be prevented from earning more than of his previous/ any wage for a period          ................................ months. The said workman has been in receipt of half-monthly payments which have continued from the ................ day of ........................ 2006 until the .......................... day of .............................. 2006, amounting to Rs. ................ in all. The said workman's monthly wages are estimated at Rs. ................ The workman is over the age of 15 years/ will reach the age of 15 years on .................... It is further submitted that .....................¡­.... I, the employer of the said workman has agreed to pay, and the said workman has agreed to accept, the sum of Rs. ..................... in full settlement of all and every claim under the Workmen's Compensation Act, 1923, in respect of all disablement of a temporary nature arising out of the said accident, whether now or hereafter to become manifest. It is, therefore, requested that this memorandum be duly recorded.

Dated.......................


Signature of employer ..................................................
Witness.........................................................................

Signature of workman ......................................
Witness.........................................................................

Note.-An application to register an agreement can be presented under the signature of one party, provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible.

Receipt (to be filled in when the money has actually been paid).

In accordance with the above agreement, I have this day received the sum of
Rs. ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­..

Dated ¡­¡­¡­¡­2006.       


DISCIPLINARY NOTICE


Employee's Name_______________________________________________________________
Department/Section _____________________________________________________________
_____ Written Warning
_____ Final Warning


1. Statement of the problem:______________________________________
2. Prior discussion or warnings on this subject, wherther oral or written:_____________________
3. Company policy on this subject:________________________________
4. Summary of corrective action to be taken by the Company and/or employee:____________________
5. Consequences of failure to improve performance or correct behavior:____________________
6. Employee Statement:____________________________________________
Employee Signature:___________________________________Date_____________
Management Aprroval:__________________________________Date_____________


Distribution: One copy to Employee, one copy to Supervisor and original to Personnel File

¡­¡­¡­¡­¡­¡­¡­¡­¡­..workman

The money has been paid and this receipt signed in my presence.

.¡­¡­¡­¡­¡­¡­¡­¡­¡­.witness

Note.¡ªThis form may be varied to suit special cases, e.g., injury by occupational disease agreement when workman is under legal disability etc.

NOTICE OF TERMINATION DUE TO WORK RULES VIOLATION

Date:______________________________
To:________________________________



You are hereby given notice that your employment with the company shall be terminated on _____, 20____ .

This action is necessary due to the following violations of company work rules:
__________________________________
__________________________________
__________________________________
__________________________________
__________________________________

Your final paycheque shall be for the period ending___There shall be no severance pay since your termination was for just cause. Please contact __________ concerning insurance coverage or other accrued benefits to which you may be entitled.

We regret this action is necessary and wish you success in your future endeavors.

Sincerely,
____________________________________

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