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S K Sharda (Service)     10 December 2014

Agreement for employees

MY Company asked to sign Agreement, without issuance of Appointment letter.

Should we sign it or not or have to change any points if need.

Let me advise Please... Format of Agreement is as below:

 

NONDISCLOSURE AGREEMENT

 

Annu Infra Construct India Pvt. Ltd., a private limited company incorporated and registered under the laws of India, having its registered office at B-7-5077, Vasant Kunj, New Delhi - 110070, (hereinafter referred to as the “Company”, which expression shall, unless repugnant to the subject or context hereof, mean and include its successors and permitted assigns) will be disclosing to me the confidential information (hereinafter defined) that the Company considers to be confidential and desires to protect such information in accordance with the terms mentioned in this Agreement.

 

The Company’s Confidential Information (“Confidential Information”) includes all business or technical information, data, agreements, SOW, orders, invoices, clients information including but not limited to any commercial, financial, operational, scientific information, marketing information, trade secrets, know-how, research, product plans, prototypes, equipment, samples, processes, formulae, designs, drawings created before or after the date of this document, disclosed to us, directly or indirectly, in writing, orally or visually.

 

I, ..................................... S/o ..................................., residing at .........................................................  agree that:

 

1.              The Confidential Information is valuable and proprietary to the Company.  Therefore, I agree to retain the Confidential Information in strict confidence and shall not disclose to any third party without the written authorization from the Company. 

 

2.             I shall not use the Confidential Information except to conduct business on behalf of the Company as per the written instructions received for the same.

 

3.             I shall not, either directly or indirectly, put the Confidential Information to any commercial use and agree that this Agreement shall not be construed as granting any right or license under any of Company’s copyrights, inventions, patents, or other intellectual property rights now or hereafter owned or controlled by the Company.

 

4.             I shall take all necessary steps to protect the Confidential Information with at least the same degree of care that I use to protect my own confidential and proprietary information of like kind, but in no event less than reasonable degree of care.

 

5.             The Confidential Information shall at all times remain the property of the Company and the Confidential Information will not be copied or reproduced by us without the written consent of the Company.

 

6.             I shall notify the Company immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement and will cooperate with the Company in every reasonable way to help the Company regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.

`

7.             I agree that the conditions in this Agreement and the Confidential Information disclosed pursuant to this Agreement are of special, unique and extraordinary character and that an impending or existing violation of any provision of this Agreement would cause the Company irreparable injury for which monetary damages only may not be an adequate remedy at law and further agree that the Company shall be entitled to obtain immediate injunctive relief prohibiting such violation, in addition to any other rights and remedies available to it in law or in equity.

 

8.            I agree that the Company shall not have any liability to you and others resulting from the use of any Confidential Information by us in consistent with the terms and conditions contained herein. I agree to indemnify the Company and / or its directors and other employees / staff against any claim arises due to any breach of terms of this Agreement by me.

 

9.             This Agreement is effective as of date of execution.   Notwithstanding anything contained elsewhere in this Agreement the confidentiality obligations shall survive termination of this Agreement.

 

10.         This Agreement shall be exclusively governed by and construed in accordance with applicable Indian laws. The parties irrevocably agree that the courts of New Delhi shall have non-exclusive jurisdiction to settle any disputes or claims that arises out of or in connection with this Agreement, its subject matter or its formation (including non-contractual disputes or claims).

 

11.          This Agreement shall not be amended, nor any obligation waived, except by a writing signed by the Company.

 

AGREED AND ACCEPTED:

 

 

 

Name:   

Place:  

Date: 

 

 

 

 



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 1 Replies

Kumar Doab (FIN)     13 December 2014

1. The company should be covered by ( Name of the state) Shops and Commercial Establishment Act.... and it is stated in the Act that appointment letter should be issued.... Otherwise to demand in writing under proper acknowledgement to supply the appointment letter... and cite that during interview it was stated that appointment letter, salary slips, PF,ESIC etc should be provided and no additional clauses/agreement are to be signed... 2. Form or become member of the employee 's /trade unions... 3. Retain access to able Labor Law Consultant/ Service matters lawyer to handle such matters 4. Avoid signing such agreement 5. If you don't sign the company may terminate or force to resign... 6. Prefer separation by proper notice of resignation under proper acknowledgement... 7. Download proof of employment and attendance....

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