Está en la página 1de 6

EMPLOYEE AGREEMENT

th
This agreement is made this 20 day of June, 08’ at New Delhi

Between

Kelly Services India Private Limited, of


st
1 Floor, Bldg. No.9, Community Center Saket,
New Delhi - 110017

And

Mr. Vikas Garg S/O Mr. Surender Kumar Garg

Resident of Shiv Colony, Near Railway crossing Kosli-123302

• Reference no : MC-025-777

• Position : Engineer- Network Monitoring (Transmission)

• Employee’s Name : Mr. Vikas Garg

• Employee Address : Shiv Colony, Near Railway crossing Kosli-123302


rd
• Employee’s D.O.B : 3 May 1986

• Employees Contact No : 01259-275315, 09416894460


th st
• Period of Contract : 20 June 08’ to 31 May 09’ ****

• Business / Work Hours per Day : As per Business requirement/ applicable law

• Remuneration / Allowances per Month

Basic Salary 3739


HRA 1496
Conveyance 800
Other Allowance 3313
Monthly Gross 9347
Deduction
Employee’s PF Contribution 449
164
Net Salary 8735
Employer’s PF Contribution 509
444
Monthly CTC 10300

• Kelly Services will make a PF/ ESI and other contribution as per law applicable.
: st
• Payment Date of Salary 1 of every month
• Notice Period for Termination : 30 days or salary in lieu thereof.

• Leave Entitlement : 22 leaves on pro-rata basis

• Bonus : As per Company Rules

• Insurance : 2 Lac PA & 1 Lac Mediclaim

• Client Name/Work Place Address : Nokia Siemens Networks/Karnal

B. Terms and Conditions

1. Payment of Salary

a) The employee shall be paid his salary on the date specified in the main details of
this Agreement. Kelly Services shall not be responsible for any delays in payment of
salary of the employee caused by his or her late submission of attendance. For
prompt and accurate payment of salary, the contract employee should keep Kelly
Services informed about all payments due to him/her.

b) It is agreed by the employee, that this present engagement on contract shall be co-
terminus with Terms of Business/Main Contract between Kelly and its Client where
being placed in terms of this engagement. In case, same is determined before the
expiration of Contract period on any account whatsoever, in that eventuality the
services of employee shall also come to an end immediately. The employee has
understood in clear terms that tenure of its contract for employment is dependent
upon the tenure of the agreement executed between Kelly and
Client/Organization/Institution/Entity, who is its client.

c) The employee will be based at the premises of the Client/ Firm/Organization/


Institution with whom Kelly has entered into agreement to provide contract
labour/render any particular service. The services of the employee is liable to be
transferred anywhere in India to any office/ branch / location of the Client and / or
any affiliate / associate member Client at any point of time.

d) The present contract of employment shall be for the period during which contract of
Kelly’s with its Client remains in force (i.e. co-terminus with contract between Kelly &
its client). In case, contract of Kelly with Client is determined earlier than the fixed on
any account whatsoever, in that eventuality also services of employee will
automatically come to an end. In case during the subsistence of the said contract,
the job requirement of the Client ceases, then also, services of employee will
automatically come to an end.

e) The employee will be governed by guidelines of Kelly Services and the Client where
he is deputed, as prevailing from time to time & will abide to all the rules &
regulations (Public holidays, timings, reporting structures, working hours, leave
entitlement, discipline, security requirements, work ethics, targets etc) of that
Client/Organization/ Institution where he is deputed.
f) The Employee will not claim any amount more than the amount of total salary
including benefits if any other than mentioned herein this contract unless so revised
and payable and communicated in writing except for any saving under law.

2. Duties

The employee’s duties and responsibilities may be changed, amended or altered at any time
by Kelly Services at their sole discretion. An employee shall be duly notified of these
changes and amendments by Kelly Services. Further Kelly Services expects its employees
to be committed to the work and meet or exceed the expectation of the Company / its Client
and maintain high level of integrity and acumen in all working and any non-performance/
under performance is not solicited. Further Every Employee is expected to maintain a daily
diary and/or record of his/ her working for inspection always and be able to account for all
work done in earnest. Every Employee is required to provide all information etc as may be
called for by Client/ Kelly Services from time to time.

3. Performance and Performance Appraisals

The employee shall endeavor to perform his or her duties efficiently and to the best of his or
her ability. Performance appraisals will be conducted at regular intervals throughout the
period of employment under this agreement. The Employee may be called upon to submit
for / undergo any training to upgrade himself/herself to meet the requirement of the client
and failure in the training may render the Employee unfit for further engagement, this
contract will become liable for suo-moto termination without any notice etc. except for any
saving under law. The Employee shall be solely liable for any loss caused to any other
person, Client, environment by his/her act and also liable to keep Kelly Services absolved
and indemnified of any liability/loss on account of his conduct.

4. Termination of Employment

In the event that the employee decides to terminate his or her employment under this
agreement with Kelly Services, he or she shall be required to give notice in writing or salary
in lieu of notice in accordance with the notice period specified in the main details of this
agreement. Kelly Services reserves its right to terminate this agreement forthwith without
notice or payment in lieu of notice in cases of poor performance, neglect of duty,
misconduct, conduct not beneficial to the interests of Kelly Services or the Client, absences
from work without justifiable reasons, a breach of the terms and conditions of this
agreement, a breach of the rules, regulations, business and operational procedures of the
Client/ applicable law.

5. Absenteeism from Work

Should the employee fail to report for work for more than two (2) days without justifiable
reasons, the contract employee’s employment shall be deemed to be terminated forthwith by
the Employee himself/ herself and the Employee shall be deemed to be relieved
automatically except for any saving by law. Further if any Employee stays absent from work
without proper permission/sanction or there being leave due to his credit and / or overstays
his leave the same will render the Employee liable for legal action and damages also.
6. Extension of Contract

The employee shall remain on Contract, unless his services are confirmed in writing by the
Kelly Services. Even on expiration of initial period of Contract, The Employee shall remain
on Contract unless services are confirmed in writing.

7. Gratuity

Employees working more than five years are eligible for gratuity (Eligibility and Payment will
be in accordance with provisions of Payment of Gratuity Act. 1972 or applicable other law or
as conveyed herein this contract which ever is more beneficial). For the purpose of
calculation of gratuity, Kelly will consider the date of joining with the Client. The gratuity
amount will be paid only if Client approves and pays the amount to Kelly services. The
Employee cannot seek to club any past engagement rendered through or with Kelly
Services, with this engagement.

8. Confidentiality

The employee must keep confidential all trade secrets and information which comes to his or
her attention in circumstances where he or she know or ought to know that the information is
to be treated as confidential.

Confidential information includes:


a) technical information, plans and product specifications;
b) employee records;
c) business plans and forecasts;
d) financial records, reports, accounts and proposals;
e) client’s intellectual property;
f) quotations and tenders submitted or prepared for submission to clients and potential
clients;
g) clients lists, names of Client contacts and terms of trade with Client;
h) information on client’s suppliers or the client’s other Clients would consider
commercially valuable and/or secret; and
i) telephone lists, policy documents, training documents, quality documents and any
other internally used information regarding the operations of the client
j) contract employee’s salary and salary details. The contract employee must not
remove information or copies of information from the Client’s premises except where
the employee’s employment requires it and where the client has given consent. The
obligation of confidentiality exists both during the employment and after the
employment ceases. Any breach of confidentiality shall be regarded as a serious
misconduct for which the employee may be dismissed or terminated forthwith
without any notice or payment in lieu of notice. On the termination of the agreement,
all papers, records and documents in the employee’s possession shall be returned
to the Client.
k) Any other Information, documentation, record, photographs, designs, processes,
systems, maps and installations which are deemed confidential by virtue of
operations/ exclusive usage by Kelly Services and leakage of the same to any
unauthorized person, company, firm, organization etc. is detrimental to the interest
of Kelly services.
l) The Employee shall be duty bound to return all the property, data, information,
record of the kellyservices and Client ( confidential / otherwise) while leaving
services and non return of the same will amount of breach of confidentiality and
render the Employee liable for legal action except for saving in law.

9. Conflict of Interest

a) The employee shall not during the continuance of this agreement except with the
knowledge and consent of the client embark, engage or interest themselves whether
for reward or gratuity, in any activity which would interfere with the performance of
his or her duties with the Client or which, to their knowledge would constitute a
conflict of interest with the business of the Client.
b) The employee shall also not solicit / seek / explore employment with the client
and/or with any of the competitor during the contract period (included extended
period, if any) and if found doing so the same would constitute conflict of interest
and render the employee liable for legal action including recovery of adequate
damages etc.
c) Also if the employee is found indulging in any conduct, behavior and activity either in
a group/ isolation, which is deemed to be against the interests of the Client/Kelly
Services or violation of the terms of this contract agreement, the same would be
deemed as Conflict of Interest and render the employee liable for legal action
including termination of services without notice, recovery of adequate damages etc

10. Amendments to the Agreement

Kelly Services shall be at liberty to amend this agreement in whole or in part after execution
should it consider it necessary or reasonable to do so by giving due notice as per law/ suo-
moto wherein provided for in this contract or required by law.

11. Assent to Arbitration

In case of any dispute regarding interpretation of the terms of this contract ( during or after
the period of this contract) Kelly Services upon receiving the point(s) of dispute shall upon
being satisfied upon the existence of the same refer the same to an Arbitrator, who will be
independent person, and who upon his assuming charge ( consequent to his / her
appointment) call the parties involved, to enquire, to investigate, hold appropriate
proceedings and give his findings by way of an award as per the provisions of Arbitration
and Conciliation Act. 1996 and/or as per Model Standing Orders ( under the Industrial
Employment Model Standing Orders Act.) or the Company’s Standing Orders or Company’s
Rules as notified from time to time and following Principles of Natural Justice. That the
award of the Arbitrator shall be final and binding except for any saving in law. Acceptance of
this contract by the employee shall deem acceptance of this clause of arbitration irrevocably
and will have right of having all/ any dispute be settled/ decided by aforesaid means only
except for any saving by law.
12. Severability

If any provisions of this agreement are or become illegal or unenforceable, the remaining
provisions of this agreement shall continue to apply (and the provisions which become illegal
or unenforceable amended or deleted or modified to the extent as per law automatically)

13. Acceptance of the above Terms

The above terms and conditions are agreed to be fair and reasonable as proposed and
accepted by the parties entering into this agreement and this agreement being done under
th
free will of both the sides on this day of 20 June 2008 and shall so remain final and binding
on both sides unless so modified/amended by both the sides by any subsequent agreement
to this agreement in writing or by operation of any law and not otherwise.

Signed:
For and on behalf of
Company: Kelly Services India Pvt. Ltd.
Name: Ms. Diwa Raje Gautam
Designation: Sr. Consultant

Signed:
Name: Mr. Vikas Garg
I hereby confirm that I have received a copy of
this agreement for my records.

****Months or earlier, and will be co-terminus with termination of business contract with the
Client with whom being deputed