EXPATE EMPLOYMENT CONTRACT
This Employment Agreement (the "Agreement") is made at [State/ Country] on
[date/month/year] (the "Effective Date")
BY AND BETWEEN
NAME OF THE EMPLOYER a company duly incorporated a n d having its registered
Corporate office at ADDRESS OF THE COMPANY (hereinafter referred to as "the Company"
which expression unless repugnant to the context or meaning hereof shall include its
successors and permitted assigns) of the FIRST PART
And
NAME OF THE EMPLOYEE, an individual, [COUNTRY] Citizen, holding Passport
No.__________, ID No.________________ ,ADDRESS______________________
(hereinafter referred to as "the Employee" which expression unless repugnant to the
context or meaning hereof shall include his/her successors, heirs and permitted assigns) of
the OTHER PART.
RECITALS
WHEREAS the Company is engaged in _____________________[NATURE OF THE
BUSINESS]__________.
WHEREAS the Company desires to engage the Employee and the Employee desires to provide
certain marketing and business development services in accordance with the terms and
conditions set forth below in this agreement.
AND WHEREAS the Company hereby appoints the Employee for the post of
____[DESIGNATION]____________for which the Employee has the required qualifications, skill
sets and experience and the Employee hereby agrees to serve as the Quality Control Manager
for such term as agreed in this agreement.
AND WHEREAS Employee is willing to be employed by the Company, and Company is willing to
employ employee, on the terms, covenants, and conditions set forth in this Agreement.
NOW THEREFORE IN CONSIDERATION OF THE MATTERS DESCRIBED ABOVE, AND OF THE
MUTUAL BENEFITS AND OBLIGATIONS SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE
AS FOLLOWS:
1. DEFINITION AND INTERPRETATION
1.1 In this Agreement the following words and expressions shall have the following
meanings:
"Group Company" means any company which is a holding company of the
Company or a subsidiary undertaking of the Company or of any such holding
company;
"Recognised Stock Exchange" means a recognised stock exchange as defined in sub-
section (f) of section 2 of the Securities Contracts (Regulation) Act, 1956);
“Commencement Date” means the date on which this agreement is executed or such
other date as mutually agreed upon by the parties.
"Termination Date" means the date of the termination of the employment of
the Employee hereunder, howsoever caused.
1.2 In this Agreement (unless the context otherwise requires):
(A) any reference to any statute or statutory provision shall be construed
as including a reference to any modification, re-enactment or extension of
such statute or statutory provision for the time being in force or to any
subordinate legislation made under the same;
(B) any reference to a clause is to a clause of this agreement;
(C) the expression "directly or indirectly" means (without prejudice to the
generality of the expression) either alone or jointly with or on behalf of any
other person, firm or body corporate and whether on his own account or
in partnership with another or others or as the holder of any interest in or as
officer, employee or agent of or consultant to any other person, firm or body
corporate;
(D) any reference to a person includes all forms of legal entity, including an
individual, company, body corporate, unincorporated association,
governmental department or agency, trust, joint venture and partnership.
1.3 The headings contained in this Agreement are for convenience only and do not form
part of and shall not affect the construction of this Agreement or any part of it.
1.4 In this Agreement the masculine gender shall be taken to include the feminine gender
and 'he', 'him' and 'himself' shall be construed accordingly.
2. APPOINTMENT
2.1 The Company hereby appoints the Employee and the Employee agrees to serve the
Company as a [DESIGNATION].
2.2 The Employee warrants that by virtue of entering into this Agreement he will not be in
breach of any express or implied terms of any contract with or of any other obligation
to any third party which are binding upon him.
2.3 The Employee acknowledges that the employment is conditional upon a reference
satisfactory to the Company (in its absolute discretion) being obtained (if required by
the Company) from the Employee’s previous employer (and/or such other persons as
the Company may reasonably require). Notwithstanding any of the other terms and
conditions of this employment, this employment may be terminated without notice
or payment in lieu of notice if:
(A) the Company obtains a reference which is not satisfactory to the Company
(in its absolute discretion) after the Employee’s employment has commenced;
or
(B) a reference has been requested by the Company from the Employee's
previous employer (or such other persons as the Company may have
reasonably required) but none has been supplied to it within a reasonable
time, and in any case within three months after the commencement of the
Employee's employment.
2.4 As a condition of the employment the Employee is subject to and is required to
conform with any and all rules and regulations applicable to employees of the
Company that may from time to time be in force and therefore the Employee should
become thoroughly acquainted with those rules and regulations.
3. PROBATION:
3.1.1 Employee will be on probation for the first 6 months. Subsequently depending on the
Employee’s performance Employee will be retained as an employee of the Company
and confirmed.
3.2 After the confirmation, the notice period for relinquishing Employee’s services from
the Company would be one month or one months salary in lieu of the notice period.
3.3 The Company shall be at liberty to relieve the Employee from his services at any time
during the term of employment by providing one month written notice or by paying
the notice pay as per the terms of the employment.
4. TERM
4.1 The employment of the Employee shall commence on ______________
(Commencement Date) (unless accelerated by mutual consent agreed in writing) and,
unless and until terminated by either party giving to the other notice of one month.
5. DUTIES
5.1 The Employee shall during the continuance of his employment:
(A) exercise such powers and perform such duties in relation to the business of
the Company or of any Group Company as may from time to time be vested
in or assigned to him by the Company; and
(B) will and faithfully serve the Company and any relevant Group Companies to
the best of his ability and carry out his duties in a proper and efficient
manner and use his best endeavours to promote and maintain their interests
and reputation
(C) devote the Employee’s efforts and substantially all of the Employee’s
working time to performing the duties on behalf of the Company. The
Employee shall provide services during the normal business hours of the
Company as determined by the Company.
6. BEST EFFORTS O