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Sumit Phadnis (Lawyer)     11 February 2009

Query on Employment Agreement

Dear Lawyers,

I would be glad to be advised about the following:

Our German client has enetered into an Employement Agreement with Mr. X. Mr. X desires to chose German law and German Jurisdiction. Are there mandatory legal provisions in India which we have to consider for an Employment Agreement between an Indian Company and a Managing Director of this Company  to be performed in India ( both sides). I presume that 
such an Employment has to be subject to Indian law  and Jurisdiction for practical reasons.


 2. Are there an restrictions (e.g. by the Reserve bank) to agree upon a contract provision to adopt the Remuneration according to the development of  the  inflation rate or foreign Exchange rate or similar dynamic provision.  Background is the question who should carry the currency exchange risk.

Awaiting your response.

Best Regards,

Sumit P.



Learning

 1 Replies

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     13 March 2009

pl. specify, place of employmnet , in INDIA  or JERMAN .


FOR 2ND ANSWER; it is depnd upon terms and conditions agree.BUT U HAVE TO GET INFORMATION FROM RESERVE BANK ALSO.


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