Vishal 1
Vishal 1
Vishal 1
Stamens Software Pvt. Ltd., having its office at B-31, 2 nd Floor, Sector - 6, Noida - 201301, India for
employment "hiring of suitable work force (referred to as Trainee , trainee or apprentice as the
case may be) at its new work facility at India , here in after referred to as "the Employer" (which
expression shall unless repugnant to the subject on context mean and include its successor-in-
interest, subsidiaries, affiliates, associates, sister concerns, nominees and permitted assigns of the
ONE PART.
Miss. Punam Kumari Upadhyay Daughter of Mr. Dinesh Upadhyay , Address: Vill-Pipra ,Posr-
Pipra, Pipra,East Champaran ,Bihar -845419 and Ph.: - 6202773131 herein after referred to as
"the Employee" of the OTHER PART:
WHEREAS:
A. The Employer is, inter-alia , engaged in the business of development of software systems
processes and technology related to a detailed business-specific -website or e-commerce
platform; commonly referred to as - a Portal, dedicated to the field of travel trade , both in the
business to business (B2B) and business to customer (B2C) models , besides having a focus
into the Customer Relationship Management (CRM) field , and also to transact as per a
suitable Business Process Outsourcing (BPO) business model, in future.
B. The Trainee has offered its services to the Employer. The Employer and the Trainee have
agreed on the terms, conditions and scope of the Trainee's appointment as Business
Development of the Employer (hereinafter referred to as "the Employment") and are desirous
NOW THS AGREEMENT WITNESSETH and it is hereby agreed, declared and recorded as
1. Designation
The current designation of the Trainee shall be Business Development (Trainee)". The
Trainee will work in the proposed Noida Office of the Employer. However, the Employer
shall have absolute right, authority and discretion to relocate the Trainee to other
destinations or business locations according to the Employer's, business needs.
The Trainee shall be and hold the office of the Employer, with effect from 27th th June, 2023
till 30th May , 2024 for a period of 01 year (included 02 months' notice period), (hereinafter
referred to as "tire Term") to the Employment being determined pursuant to the provisions
of this Agreement. In case the Trainee leaves the company before the above-mentioned
period he will be liable to pay the Employer an amount of Rs. 1, 00,000(One Lac only) as
training charge.
The Employment of the Trainee may be extended upon expiry of the for another period of 1
Year at the sole option of the Employer on mutually acceptable terms and conditions.
2.1 The Employer shall review the performance after six months then on an annual
basis on the anniversary of the date of joining of the Trainee.
2.2 The frequency of review as mentioned above is indicative and might change at
the sole discretion of the employer and is a mere statement of the employers
work policy of fair play and honesty and cannot be regarded as a promise,
assurance or extension of employment or any such connotation by whatever
name called, in any form whatsoever , and anyone doing so would be doing the
same on his sole legal risk and reponsibility , the employer reserving a full right
to be suitably indemnified for any consequences thereof , if any.
3. Power
The Trainee shall manage the affairs of the Company as assigned to him and shall
exercise and perform such powers as the Employer may from time to time determine,
and subject to the overall superintendence, control and direction of the Employer, the
Trainee shall have powers to do and perform all acts, deeds and things which may in the
ordinary course of the business the Employer may consider necessary or proper or in
the interest of the Employer.
4. Duties
The Trainee during his Employment shall subject to the direction of the Employer shall
perform, discharge, faithfully and to the best of his ability the duties which may be
assigned to the Trainee from time to time in connection with such title and function.
Except during vacation periods or absence due to illness - which actions should also be in
the knowledge of the Employer with sufficient notice given as per norms prescribed from
time to time; the Trainee shall devote whole of his time, attention and energies as is
necessary, appropriate or advisable to carry on the duties assigned to him. The Trainee
agrees not to participate in any other business activity, in any capacity, called by any name
whatsoever, which will require The Trainee's attention during business hours or which
will be contrary to the best / business interests of the Company and its Affiliates (for the
purpose of this Agreement, an Affiliate of the Company shall be deemed to be any
Company or other legal entity which controls the Company, which is controlled by the
Company, or which is under common control with the Company).
5. Remuneration
The Trainee in consideration of providing services to the Employer will be entitled to the
following by way of remuneration:
5.1 Basic Stipend
At a stipend of Rs. 8,000 per month of the Trainee. The said amount would be paid
in arrears on or before the seventh day of the following month, subject to
Deduction of Indian Income Taxes at the prescribed rates, based on information on
tax saving instruments and other furnished by the Trainee as per prescribed norms
to the Employer, within the prescribed time limit.
5.2 Leaves
For every completed year of service, the Employer will be entitled to seven
working days leave on fill pay. Un-availed earned leave cannot be carried forward
to the next year under any circumstances. It is also agreed that there shall be no
leave encashment for the unutilized leave period.
The Trainee shall devote full time and attention to the business of the Employer and
shall not during the continuance of this Agreement and thereafter for a period of 3
(three) years - the Trainee shall not be in any way directly or indirectly be engaged in
any other undertaking, business, profession or Employment whatsoever including part
time employment or be concerned or interested in any other business of a similar
nature or competitive with that carried on by the Employer.
7.1 The Trainee shall at once inform the Employer of any act of dishonesty and/or
any action prejudicial to the interest of the Employer on the part of any person
which may come to the Trainee's knowledge and failure to do so will render the
Trainee liable to action by the Employer.
7.2 The Trainee shall not canvass, solicit, interfere with or entice any person who at
any time during the continuance of the Trainee's Employment has been or will
be in the Employment and/or in business relations with the Employer.
7.3 The Trainee's services are transferable to any of the Employer's offices/
facilities or its associates/sister concerns or subsidiaries anywhere, on the same
terms and conditions.
7.4 In addition to the terms and conditions specified herein the Trainee's services
will be governed by the Employer's service conditions which the Employer may
deem fit and communicate to the to time.
7.5 The provisions of the Industrial Disputes Act not be applicable to the Trainee as
he will not be a "Workman" within the meaning of the said Act. The Trainee may
have to attend work before and after regular office hours as well as on holidays,
as the exigencies of work may demand, for which nothing will be paid extra.
7.6 The Trainee will strictly maintain punctuality in the matter of attending office
by reporting well before the start of office hours and would not leave office
work before the close of office hours, not absent himself from work, taking prior
permission of his superiors
7.7 The scope of the Employment of the Trainee shall not constitute a partnership
or an agency in any manner whatsoever or howsoever by and between the
Employer and the Trainee.
8. Indemnity
The Trainee shall indemnify the Employer from and against all demands, actions,
proceedings, claims, charges and expenses whatsoever which may be incurred by the
Employer arising from any failure by the Trainee to observe and perform all his
obligations and/or breach of any of the terms and conditions of this Agreement.
IN WITNESS WHERE OF the parties here to have hereunto set and subscribed their
respective hands, the day and year first hereinabove written.
Signature: __________________________