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Team 21 Draft Agreeement
Team 21 Draft Agreeement
EMPLOYER’S AGREEMENT
This Agreement sets forth the terms under which INFOSYS has agreed to engage the JUNIOR
1. ASSIGNMENT
1.1. The company agrees to engage the junior software anaylst to render his services and
1.2. This Agreement applies only to the company and the Mr. John Fernandez. Mr. John
Fernandez cannot assign its rights or delegate its obligations under this Agreement to a
2. TERMS OF EMPLOYMENT
2.1. Mr. John Fernandez shall render services to the Company in the capacity of a Junior
Software Analyst which shall be completed within the period of time agreed upon for
each project.
2.2. The first 30 days of the employment shall constitute a probationary period.
2.3. The employment of the Mr. John Fernandez shall be deemed to have commenced on the
4. HOURS OF EMPLOYMENT
4.1. The Junior Software Analyst shall carry out his duties from 10 AM to 7 PM. The Junior
Software Analyst be required to provide daily updates to the supervisor assigned by the
Company.
5. PLACE OF EMPLOYMENT
5.1. Primarily, Mr. John Fernandez employment shall be based in the City of Bangalore,
Karnataka.
6. REMUNERATION
6.1. The remuneration would be Rs. Six Lakhs per annum. At the end of an year of
employment, the employee shall be eligible to receive a onetime fixed bonus of Rs. Fifty
Thousand provide that the Employee is not serving notice period at the time or is under a
7. LEAVES
7.1. The company shall not provide any leaves. However, exceptions may be made in case of
certain emergencies, and Mr. John Fernandez shall send an application to his supervisor
leave.
8.1. Mr. John Fernandez shall intimate the company with a notice at least 3 months in
9.1. Mr. John Fernandez shall during the course of his employment under this agreement
shall undertake to keep the information accrued in the course of employment classified
and shall not disclose said information/material without prior approval of the company
10. NON-SOLICITATION
10.1. The employee agrees that he will not, for the period of 1 year after the cessation
of employment under this agreement, without the written permission of the company on
his own behalf or on the behalf of any other company directly or indirectly:
10.1.1. Seek to conduct business with any person, company or firm who has at any time
during the one year immediately preceding before the cessation has done business
10.1.2. Attempt to entice away any person who has any time during the immediately
preceding one year before the cessation has been employed or engaged by the
hindered or delayed by fire, earthquake, flood, by the acts of nature of the act of God,
acts of war terrorism, riots, civil disorder, or rapid spread of pandemic or any such
similar event which was beyond the reasonable control of either party (i.e., a Force
Majeure event) and such non-performance, hindrance or delay could not have been
applied to work around such event, either party for such non-performance or delay shall
11.2. Further, if the event continues beyond the period of 30 days both the parties
would be required to assess the status quo and plan the validity of continuation of this
agreement.
12. INDEMNITY
12.1. Mr. John Fernandez hereby agrees to indemnify the company from any and all
damages, costs, attorney fees or other losses arising out of the breach of this agreement
by him.
13.1. The parties cannot change anything in the said agreements. Neither party can
waive its rights under this agreement otherwise. Any changes in the agreement shall be
done via an instrument duly signed by both the parties upon agreement of the new terms
and conditions. However, any such modifications will be allowed only in unavoidable or
unforeseeable circumstances
14. DISPUTE RESOLUTION AND JURISDICTION
14.1. Any dispute arising out of this agreement would, as far as possible, be settled
14.2. The parties agree to resolve the dispute firstly via arbitration which shall be
conducted in only English language and whose seat would be the NCT of Delhi, India.
Thereby any subsequent breach of contract or any violation of any laws at, being in force
at the time of signing the agreement shall be adjudicated at the court of competent
jurisdiction at Delhi.
14.3. The arbitral award shall be binding on the parties. Provided, nothing under this
clause would bar any of the parties from appealing the award in the court of law.
Further, any dispute or suit arising out of the arbitral agreement shall be addressed with a
15.1. The Agreement shall be governed by the Indian Penal Code, 1860, Indian
Contracts act, 1872, The Copyright Act and other legislation as may be applicable.
16.1. This Agreement represents the parties’ final and complete understanding of this
job and the subject matter discussed in this Contract. This Agreement supersedes all
17.2. Mr. John Fernandez shall not during the employment by the company undertake
any other work, either as a Junior Software Analyst or as a self-employed person in any