Saturday, October 22, 2011

CSC

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Guidelines for filling up the agreement

All entries are made neatly and legibly.

All addresses (Employee, Guarantor, Witnesses) have to be complete i.e. full postal address along with pincode.

Guarantor should be a relative of the employee (but not the spouse) and should have a separate income.

Guarantor’s photograph has to be pasted on the guarantor’s agreement. The guarantor is required to sign across the photo. This photo and signature has to be attested by a notary along with his seal across the photo.

Witnesses

Employee’s agreement The guarantor should be the witness.

Guarantor’s agreement The person attesting guarantor’s photo and signature should be the witness.

The agreements which do not conform to the above will be deemed to be incomplete.

You are requested to join along with duly signed bond papers & original educational documents.

D. WHEREAS, CSCI, agrees to incur expenses towards the enhancement of the Employee’s skill through this training, and also pay the salary to the employee while the employee is receiving the training

E. WHEREAS, Employee has agreed and undertaken to serve CSCI for a minimum period of 4 months, after completing the training and has entered into an agreement dated referred to as the Agreement), which is a part and parcel of this Guarantee.

F. WHEREAS Employee has agreed to pay CSCI a sum of rupees 1,00,000 (Rupees One lakh) as liquidated damages on account of breach of Agreement.

Now, therefore, in consideration of mutual promises and considerations between Employee and Guarantor, sufficiency of which is hereby acknowledged, the Guarantor agrees to do the following

1. The guarantor undertakes that he/she is financially independent and capable to give this guarantee and pay liquidated damages in case of breech of agreement.

2. The Guarantor binds himself/herself personally to pay CSCI any and all money due to it from Employee with regard to the liquidated damages accrued in the event of breach of Agreement by the employee within 0 days of the said amount demanded by CSCI.

3. The parties hereto agree that the agreements and covenants contained herein are severable, and in the event of any one of them is held to be invalid by a competent court, said invalid agreements and covenants shall not affect the enforceability or validity of the remainder of the Agreement.

4. The guarantor undertakes the responsibility to inform CSC India of nay changes in his/her residential address.

5. In case of breach of agreement CSCI reserves the right to execute the agreement in whatever way it deems fit, directly or through its authorized representatives, to recover the liquidated damages.

6. The guarantor undertakes that in the event of death of the guarantor his/her legal heirs also inherit the legal and financial liability to pay CSCI liquidated damages in case of breach of agreement.

7. Any matter of disputes or differences arising out of or in connection with this Agreement or by virtue of these presents or in respect of a claim made by one party and denied or remaining unanswered / unattended by the other party, then the said dispute, difference or claim shall be referred to arbitration of a sole arbitrator to be appointed by CSCI and the guarantor shall not take any objection in regard to the appointment of the sole arbitrator. Non payment of liquidated damages including failure to respond to the demand shall be deemed to be a dispute.

NOW THEREFORE, in consideration of the mutual promises and convenants herein set forth and other good and valuable consideration the receipt and sufficiency of hereby acknowledged, the parties hereto agree as follows

1. The Employee, after completion of the technical training, has agreed to serve CSCI (at its offices located in India) for a period of 4 months. The agreement would be effective from the date of start of training but the duration of 4 months would start from the date of completion of training. In case the employee takes leave without pay for more than 15 days during the tenure of service agreement, the duration of the service agreement will get extended by an equal number of days taken as leave without pay.

2. Employee agrees to perform services and assignments for CSCI, diligently and efficiently until such time as those services and assignments are completed to the satisfaction of CSCI, or until otherwise determined by CSCI. In case CSCI takes action under the disciplinary procedure which results in the dismissal of the employee undertakes to pay CSCI the sum mentioned in the clause C.

3. It being impractical to ascertain or estimate the actual cost, damage or injury which CSCI may sustain, should Employee breach the terms and conditions of this Agreement as set forth above, Employee agrees and undertakes to pay to CSCI a sum of Rupees, 1,00,000 (Rupees One lakh), as liquidated damages, to compensate CSCI for damages by reason of such breach. It is further clarified that the said amount is only a damage and is not the nature of penalty.

4. The parties hereto agree that the agreement and covenants contained herein are severable, and in the event any one of them is held to be invalid by a competent court, said invalid agreements and covenants shall not affect the enforceability or validity of the remainder of this Agreement.

5. The employee undertakes the responsibility to inform CSC India of any changes in his/her residential address.

6. Any matter of disputes or differences arising out of or in connection with this Agreement or by virtue of these presents or in respect of a claim made by one party and denied or remaining unanswered / unattended by the other party, then the said dispute, difference or claim shall be referred to arbitration of a sole arbitrator to be appointed by CSCI and the employee shall not take any objection in regard to the appointment of the sole arbitrator. Non payment of liquidated damages including damages including failure to the demand shall be deemed to be a dispute.

It is agreed between the parties that any notice, claim or other communication required to be sent by CSCI shall be deemed to be received if it is sent by a registered post to the last known address of the employee along with the same being sent under certificate of posting.




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