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Glister Tech Solutions Pvt.Ltd
Employment Agreement

Employment, Non-Disclosure and Non-Competition Agreement

This Agreement for Association with our ORGANISATION

BY AND BETWEEN

M/s Glister Tech Solutions Pvt.Ltd., a Company incorporated under the Indian Companies Act, 1956 having its Registered Office at Glister Galaxy, 5/13, 1st Floor, Elumalai Street, Pallavaram Chennai-600 043, India (represented by its Director, Prashanthi.N and hereinafter referred to as EMPLOYER, which expression shall whenever the context so requires or admits, means and includes, its successors and permitted assignees, hereinafter called the party of the ONE PART)

AND

Herein after referred to as EMPLOYEE/CONSULTANT/STUDENT/VENDOR/DISTRIBUTOR/Associate which expression shall whenever the context so requires or admits, means and includes, its successors and permitted assignees, hereinafter called the party of the OTHER PART).

The Employer shall employ Employee subject to the following terms and conditions.

  • Term of Employment. Subject to the provisions for termination set forth below this agreement unless sooner terminated.
  • Duties and Position
    • 2.1 The Company hires the person in the capacity of "Associate"
    • 2.2 The Employee's duties may be reasonably modified at the Company's discretion from time to time.
    • 2.3 Employee shall observe and confirm to such duties, directions and instructions as Communicated to him/her by the company and those in authority over him/her.
  • Employee to Devote Full Time to Company.
    • 3.1 The Employee will devote full time, attention, and energies to the business of the company, and, during this employment, will not engage in any other business activity, regardless of whether such activity is pursed for profit, gain, or other pecuniary advantage. Employee is not prohibited from making personal investments in any other business provide those investments do not require active involvement in the operation of said companies.
    • 3.2 Employee shall not during the continuance of his/her employment, without the consent of the company in writing, be employed or interested, directly or indirectly in any other trade or business, employment or occupation whatsoever and will devote the whole of his/her and attention to his/her duties.
  • Termination. This contract of employment may terminate upon the occurrence of any of the following events: (a) the death of the Employee ;( b) the failure of the Employee to perform his duties satisfactorily after notice or warning thereof; for just cause based upon nonperformance of duties of Employee ;( d) economic reasons of the Employer which may arise during the term of this Agreement and which may be beyond the control of the employer.
  • Confidentiality or Proprietary Informaion. Employee recognizes and acknowledges that the systems, which Employer owns, plans or develops whether for its own use or for use by its clients are confidential and are the property of Employer. Employee further recognizes and acknowledges that in order to enable Employer to perform services for its clients, such clients may furnish to Employer confidential information concerning their business affairs, property, methods of operation or other data; that the goodwill afford to Employer depends upon, among other things, Employer and its employees keeping such services and information confidential (collectively, including Employer systems and Employer client information, the "Confidential Information").
  • Possession.
    • 6.1 All software including packages as well as its associated documentation developed by the employee in the courses of the duties shall be the sole and exclusive property of the company.
    • 6.2 Employee shall be responsible for safekeeping and return in good condition and order of all Company's property, which may be in use, custody or charge.
    • 6.3 Employee agrees that upon request by Employer, and in any event upon termination of employment, Employee shall turn over to Employer all documents, papers or other material in his possession or under his control which may contain or be derived from confidential information, together with all documents, notes or other work product which is connected with or derived from Employee's service to Employer whether or not such material is at the date hereof in Employee's possession? Employee agrees that the Employee shall have no proprietary interest in any work product developed or used by Employee and arising out of his employment by the Employer. Employer shall, from time to time as may be requested by Employer, do all things which may be necessary, but not limited to execution of appropriate copyright applications or assignments.
  • Non-Competition.
    • Employee agrees and covenants that because of the confidential and sensitive nature of the Confidential Information and because the use of, or even the appearance of the use of, the Confidential Information in certain circumstances may cause irreparable damage to Employer and its reputation, or to clients of Employer, Employee shall not, until the expiration of two years after the termination of the Employment, relationship between Employer and Employee, engage, directly or indirectly, or through any corporations or associates in any business, enterprise or employment which is directly competitive with Employer.
    • 7.2 Saving Provision. Employer and Employee agree and stipulate that the agreements and covenants not to compete contained in the preceding paragraph are fair and reasonable in light of all of the facts and circumstances of the relationship between Employee and Employer; however, Employee and Employer are aware that in certain circumstances courts have refused to enforce certain agreements not to compete. Therefore, in furtherance of and not in derogation of the provisions of the preceding paragraph, Employer and Employee agree that in the event a court should decline to enforce provisions of the preceding paragraph, that paragraph shall be deemed to be modified to restrict Employee's Competition with Employer to the maximum extent, in both time and geography, which the court shall find enforceable; however, in no event shall the provisions of the preceding paragraph be deemed to be more restrictive to Employee than those contained therein.
    • 7.3 For the period of his/her employment by the company and for two(2)years after The date of termination of his/her employment by the company, the employee will Not (a) induce any employee of the company to leave the employee of the company or (b) solicits or accepts the business of any client or prospective client who have been introduced by the company (other than on behalf of the company).
    • 7.4 Employers Clients. If employees employment with employer terminates for any reason, The employee shall not, for a period of one year from the date of termination, have any business dealings whatsoever, either directly or indirectly or through corporate entities or associates with any customer or client of employer or its subsidiaries or any person or firm which has contacted or been contacted by employer as a potential customer or client of the employer; and employee shall keep in strictest confidence, both during the employees Employment and subsequent to termination of employment, and shall not during the period of employment or thereafter disclose or divulge to any person, firm or corporation, or use directly or indirectly, for the employees own benefit or benefit of others, any information which in good faith and conscience ought to be treated as confidential information including, without limitation, information relating to the software developed by employer, information as to sources of , and arrangements for, hardware supplied to customers or clients of employer, submission and proposal procedures of employer, custom or contact lists or any other confidential information.
  • Non-Disclosure.
    • 8.1 Employee agrees that, except as directed by employer, the employee will not at anytime, whether during or after his employment with employer, disclose to any person or use any confidential information, or permit any person to examine and/or make copies of documents which contain or are derived from confidential information, whether prepared by the employee or otherwise coming into the employee's possession or control without the prior written permission of employer.
    • 8.2 Employee shall not at any time hereafter, without in writing of the company except under legal process, divulge or utilize any matter relating to the company's transactions or dealings, which are confidential in nature.
    • 8.3 Employee shall not use any of the designs, drawing, software, literature, machines, etc., of the company for any purpose other than company's business.
  • Injunctive Relief. The employee acknowledges that disclosure of any confidential information or beach of any of the non-competitive convents or agreements contained herein will give rise to irreparable injury to Employer or clients of Employer, inadequately compassable in damages. Accordingly, Employer or, where appropriate a client of Employer, may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which ma be available. The Employee further acknowledges and agrees that in the event of the termination of employment with the Employer the Employee's experience and capabilities are such that the Employee can obtain employment in business activities which are of the different or non-competing nature with his or her activities as an employee of Employer; and that the enforcement of a remedy here under by way of injunction shall not prevent the Employee from earning a reasonable livelihood. The Employee further acknowledges and agrees that in the covenants contained herein are necessary for the protection of the Company's legitimate business interests and are reasonable in scope and content.
  • Code of Conduct.
    • 10.1 The Employee shall comply with all stated standards of performance, policies, rules and regulations. A company manual containing a more complete explanation of many of these standards is available to the Employee. At this time, Employee acknowledges availability and his/her acceptance of the company manual. The Employee shall also comply with such future Employer policies, rules, regulations, performance standards and manuals as may be published or amended from time to time.
    • 10.2 Employee shall be true and faithful to the company in all his/her accounts, dealing and transactions, relating to the business of the company and shall at all times, when required render true and just account thereof to the company or such persons as shall be authorized to receive the sum.
    • 10.3 A high standard of conduct is expected from an employee and any behavior reflecting unfavorably on him/her or the company is questionable and liable for disciplinary action.
    • 10.4 Employee shall also be required to abide by terms and conditions in addition to those mentioned above that are in force for the time being, or ma be framed from time to time.
    • 10.5 The appointment is subject to the service conditions applicable to the employees of the establishment of the company in which you work.
  • Severability. If, for any reason, any provision of this agreement is held invalid, all other provisions of this agreement shall remain in effect. If this agreement is held invalid or cannot be enforced, then to full extent permitted by law any prior agreement between the company (and any predecessor thereof) and the Employee shall be deemed reinstated as in this agreement had not been executed
  • Assignment. This agreement not is assigned without prior notice by either party. Such assignment is subject to the mutual consent and approval of any such assignment.
  • Governing Law and Forum. This Agreement constitutes the complete understanding between parties, unless amended by a subsequent written instrument signed by the employer and employee. Any dispute under this contract shall be required to be resolved by binding arbitration of the parties hereto. Each party shall select one arbitrator and both arbitrators shall select a third. The arbitration shall be governed by the rules of the Indian Arbitration act then in force and effect .The Confidentiality, Non-competition and Non-disclosure provisions of this agreement shall survive the termination of this Agreement.

For Glister Tech Solutions Pvt.Ltd

Employment, Non-Disclosure and Non-Competition Agreement