Microsoft Word - Vikas Garg

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

•

Employee’s D.O.B

: 3 May 1986

•

Employees Contact No

: 01259-275315, 09416894460

•

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

rd

th

Basic Salary HRA Conveyance Other Allowance Monthly Gross Deduction Employee’s PF Contribution Net Salary Employer’s PF Contribution Monthly CTC

st

3739 1496 800 3313 9347 449 164 8735 509 444 10300

•

Kelly Services will make a PF/ ESI and other contribution as per law applicable.

•

Payment Date of Salary

:

st

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 coterminus 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)

2.

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.

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

l)

9.

Conflict of Interest a)

b)

c)

10.

unauthorized person, company, firm, organization etc. is detrimental to the interest of Kelly services. 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.

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. 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. 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

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/ suomoto 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: Name: Designation:

Kelly Services India Pvt. Ltd. Ms. Diwa Raje Gautam 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