Employee Agreement For Trainees
Employee Agreement For Trainees
Employee Agreement For Trainees
WHEREAS, the Company wishes to procure the services of Employee under the terms
and conditions set forth and Employee wishes to be employed in conformance with terms and
conditions.
WHEREAS, the parties to this Employee Agreement wish to enter into a written
expression of their relationship as Employer and Employee with mutual consent and free will,
without any pressure.
ARTICLE 1
Employment
1.2. Term. The Company will employ the Employee pursuant to this Employee
Agreement effective as of [Month] day, 20 . The employment of employee will be at-will,
meaning that employment may be terminated by either party at any time in accordance with the
provisions of Article 9.
ARTICLE 2
Duties
2.2. Time Devoted to Work. Employee agrees that he will devote all of the necessary
business time, attention, and energies, as well as Employee’s best talents and abilities to the
business of the Company in accordance with the Company’s instructions and directions.
ARTICLE 3
Compensation of Employee
3.1. The Employer will pay the Employee a monthly stipend of PKR 30,000/- and after
successful completion of training PKR xxxxx in terms of the appointment letter, payable by 10th
day of every month in arrears so long as he will perform his duties, as assigned by the employer
and/or representatives, according to his best ability with due diligence, faithfully, honestly,
commitment and/or otherwise shall duly fulfill the terms and conditions of this agreement on his
part herein contained.
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3.2. That the Employee hereby agrees to be personally liable for compensation to the
Employer in case this agreement or any terms and/or conditions contained herein are breached
and/or violated by the Employee and the Employee hereby further promises to keep the
Employer well indemnified against any or all losses occasioned by the Employer from the
negligence and careless performance of his job responsibilities/duties towards the Employer’s
clients under the Agreement.
ARTICLE 4
Employee Training
4.1. That the employee wants and agrees here as to undergo training to raise knowledge,
skills and competencies appropriately, sufficiently and effectively shall definitely raise
professional profile and expertise of employee to serve the employer in future efficiently as well.
ARTICLE 5
Protective Covenants
5.1. Employee acknowledges that upon accomplishment of training his specialized skills,
abilities and knowledge are important to the Company, here as agrees and covenants to serve the
employer mandatory for a settled period of 24 (Twenty four) months at least with due diligence,
care, honesty and commitment in the best interest of the employer.
ARTICLE 6
Training Cost
6.1. Whereas it is settled here that the cost of the training is PKR 1,500,000/-(Rupees One
Million Five Hundred Thousand only) the same includes training costs, fees, charges, traveling,
accommodation expenses, daily wages, TA/DA etc. (whichever is applicable) which amount
shall entirely be borne by the Employer and the Employee hereby agrees that such amount shall
be deemed to be loan towards the Employee for which the Employee has separately executed a
Promissory Note for the said amount in favor of the Employer (attached herewith).
ARTICLE 7
Promissory Note
7.1. That the above mentioned promissory note shall be payable on demand in favour of
the Employer, in case the Employee fails to complete or breaches the mandatory period of
twenty four (24) months employment with the Employer after successfully completing the three
(03) months training or even before the completion of training if the Employee resigns, or
breaches the terms and conditions of this Agreement. Such promissory note shall be valid and
operative for the entire mandatory period and shall ipso facto become inoperative and invalid in
case the Employee successfully completes both the training and the mandatory employment
period.
ARTICLE 8
Prohibition and Authority
8.1. That the Employee shall during the continuance of this agreement and in the event of
a breach of this Agreement or any terms herein contained and after the expiry of this Agreement
or in case of resignation or removal/dismissal of the Employee during the terms of this
Agreement in no case, for a period of six (6) months, serve or be employed or seek employment
under any other person(s), company or firm carrying directly or indirectly similar trade, business
or occupation or himself carry on or be otherwise interested in any trade, business or occupation
similar to and identical with that being carried on by the Employer.
8.2. That in case the Employee shall make himself absent from the service of the
Employer without notice or leave of absence or be found guilty of misconduct or commit any
breach of this agreement or any act of undisciplined, it shall be lawful for the Employer to
dismiss/remove the Employee summarily/forthwith without prejudice to or affecting the rights of
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and remedies available to the Employer in any manner whatsoever and employee hereby
authorizes, without reservation, the employer to attain/get/obtain all
relevant/requisites/concerned information/statements/reports from all regulatory
authorities/institutes/organizations/universities etc. if/when necessary for verification of my
education or employment, character history, or other background/current/future information
whereof. I agree that a facsimile (“fax”), electronic or photographic copy of this Authorization
shall be as valid as the original.
ARTICLE 9
Termination of Employment
9.1. That the Employer can terminate this agreement at any time upon serving a Sixty
(60) days written notice, in advance, to the Employee, or pay one month salary in lieu thereof
whereas the Employee, after expiration of the mandatory employment period can terminate this
agreement upon a Sixty (60) days written notice, in advance, to the Employer.
ARTICLE 10
Remedies
10.1. Both the parties will promote and foster an atmosphere of trust, confidence and
understanding for each others view point and will at the first place make every effort not to let
conflict arise among their relationship and otherwise will make every effort to resolve the same
by bilateral negotiation at the establishment level.
10.2. It is specifically understood and agreed that (i) any breach of any of the provisions
of this Employee Agreement is likely to result in irreparable injury to the Company, (ii) the
remedy at law alone will be an inadequate remedy for such breach, and (iii) in addition to any
other remedy it may have for such breach, the Company shall be entitled to seek both temporary
and permanent injunctive relief (to the extent permitted by law) without the necessity of proving
actual damages. Notwithstanding any other provision of this Employee Agreement to the
contrary, any and all obligations of the Company to pay any compensation to Employee for any
reason shall cease and terminate upon the proven breach by Employee, as determined by a court
of competent jurisdiction as the case may be.
ARTICLE 11
Non-Disclosure of Confidential Information
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Affiliates’ suppliers and customers, credit and financial data of the Company’s and/or the
Affiliates’ suppliers and customers, particular business requirements of the Company’s and/or
the Affiliates’ suppliers and customers, special methods and processes involved in designing,
producing and selling the Company’s and/or the Affiliates’ products and services, any other
information related to the Company’s and/or the Affiliates’ suppliers and customers that could be
used as a competitive advantage by the Company’s and/or the Affiliates’ competitors if revealed
or disclosed to such competitors or to persons or entities revealing or disclosing same to such
competitors, and all “trade secrets” of the Company and/or the Affiliates, all of which, together
with any and all extracts, summaries and photo, electronic or other copies or reproductions, in
whole or in part thereof, stored in whatever medium (including electronic or magnetic) shall be
deemed the Company’s and/or the Affiliates’ exclusive property, as applicable, and shall be
deemed to be “Confidential Information.” Employee acknowledges that the Confidential
Information has been and will continue to be of central importance to the business of the
Company and the Affiliates, and that disclosure of it to, or its use by, others could cause
substantial loss to the Company and the Affiliates. In consideration of Employee’s employment
hereunder, Employee agrees that, at all times during the term of this Employee Agreement, and
(i) with respect to all Confidential Information constituting “trade secrets,” for so long thereafter
as such Confidential Information continues to constitute “trade secrets” (or for the period
beginning on the last day of the term of this Employee Agreement and ending five (5) years
thereafter, whichever is longer); and (ii) with respect to all Confidential Information not
constituting “trade secrets,” for the period beginning on the last day of the term of this Employee
Agreement and ending five (5) years thereafter, Employee shall not, directly or indirectly, use,
divulge or disclose to any person or entity, other than those persons or entities employed or
engaged by the Company who or which are authorized to receive such information, any of such
Confidential Information, and Employee shall hold all of the Confidential Information
confidential and inviolate and will not use such Confidential Information against the best
interests of the Company or any of the Affiliates.
ARTICLE 12
Construction
12.1. Both the parties will strive to develop good relations within the framework of
efficiency in the establishment, and take all reasonable steps to ensure compliance with
agreements and agreed procedures so that the objectives of productivity and growth are served in
atmosphere of peace with mutual interaction to demonstrate mutual respect for each other in
keeping with the Islamic tradition of love, fraternity, brotherhood, and accepted social norms and
civilized society.
12.2. Employee acknowledges and agrees that the covenants and agreements contained in
of this Employee Agreement are the essence of this Employee Agreement, and that each of such
covenants and agreements is reasonable and necessary to protect and preserve the interests and
business of the Company. Employee further acknowledges and agrees that: (i) each of such
covenants and agreements is separate, distinct and severable, not only from the other of such
covenants and agreements, but also from the remaining provisions of this Employee Agreement,
(ii) the unenforceability of any such covenants or agreements shall not affect the validity or
enforceability of any other such covenants or agreements or any other provision or provisions of
this Employee Agreement, and (iii) in the event any Court of competent jurisdiction, as
applicable, determines, rules or holds that any such covenant or agreement hereof is overly broad
or against the public policy of the Islamic republic of Pakistan, then said Court, is specifically
authorized to reform and narrow said covenant or agreement to the extent necessary to make said
reformed and narrowed covenant or agreement valid and enforceable to the maximum
enforceable restriction permitted by law without prejudice the rights of the parties.
ARTICLE 13
Existing Restrictive Covenants and Indemnification
13.1. Employee represents and warrants that (i) Employee is not a party to or subject to
any outstanding contract, agreement or order whereby Employee is prohibited from entering into
this Employee Agreement, or any outstanding restrictive covenant or noncompetition agreement
which would interfere with or prevent Employee’s employment hereunder as contemplated by
this Employee Agreement; (ii) Employee has performed any and all duties or obligations that he
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may have under any contract or agreement with a former Employer or other party, including,
without limitation, the return of all confidential materials; and (iii) Employee is currently not in
possession of any confidential materials or property belonging to any such former Employer or
other party. Employee acknowledges and agrees that he shall advise the Company in the event
that his duties with the Company should be changed or enlarged in such a manner as to conflict
with any such prior contract, agreement, order or restrictive covenant. Without limitation on any
other rights or remedies available to the Company with respect to Employee’s breach of his
obligations hereunder, Employee shall defend, indemnify and hold the Company, the Affiliates,
and each of their respective shareholders, officers, directors, employees, counsel, agents,
affiliates and assigns (collectively, the “Company Indemnities”) harmless from and against any
and all direct or indirect demands, claims, payments, obligations, recoveries, deficiencies, fines,
penalties, assessments, actions, causes of action, suits, losses, diminution in the value of assets of
the Company, compensatory, punitive, exemplary or consequential damages (including, without
limitation, lost income and profits and interruptions of business), liabilities, costs, expenses, and
interest on any amount payable to a third party as a result of the foregoing, whether accrued,
absolute, contingent, known, unknown or otherwise asserted against, imposed upon or incurred
by Company Indemnities, or any of them, by reason of or resulting from, arising out of, based
upon or otherwise in respect of (1) any conflict between Employee’s employment hereunder and
any prior employment, duty, contract, express or implied agreement, order or restrictive
covenant, or (2) any misrepresentation by Employee hereunder as to any facts which are the
subject matter of any conflict or violation of any prior contract, agreement, order or restrictive
covenant on the part of Employee.
ARTICLE 14
Governing Law
All questions regarding the validity and interpretation of this Employee Agreement shall
be governed by and construed and enforced in all respects in accordance with the laws of the
Islamic Republic of Pakistan.
ARTICLE 15
Acknowledgment
Employee acknowledges that in pursuance to this very agreement and thereafter will
comply with all applicable laws including cybersecurity laws, data privacy law, digital privacy
law and in adherence to all companies policies and he has had the benefit of independent
professional counsel with respect to this Agreement and that the Employee is not relying upon
the Company or any person on behalf of the Company for any advice with respect to this
Agreement.
IN WITNESS WHEREOF, at Islamabad, the parties above have set and subscribed their
respective hands hereto and signs this Agreement at Islamabad on the day, month and the year first above
mentioned.
For & on behalf of M/s. A Hamson (Pvt.) Limited:
______________________________________________
Mr. ____________________ son of ___________________)
Chief Executive Officer/Director/HR Head
‘THE EMPLOYER’
_______________________________________________
Mr. ______________________ son of ___________________
C.N.I.C. No.___________________________________
‘THE EMPLOYEE’
At presence of Witnesses here as:
Signature: Signature:
Name: Name:
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Designation Designation
CNIC CNIC
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