Schmersal India Private Limited
Schmersal India Private Limited
Schmersal India Private Limited
BY AND BETWEEN
Schmersal India Private Limited., a company duly incorporated under the Companies
Act, 1956 and having its office at Plot No-G, 7/1, Ranjangaon MIDC, Industrial Area, Sirur,
Maharashtra-412220, India. Represented by its authorized signatory, hereinafter referred
to as the “Client”, which expression shall, unless repugnant to the meaning or context
hereof, be deemed to include all permitted successors and assigns.
AND
Multi Recruit a Partnership incorporated under the Indian Partnership Act, having its
office at 103, 2nd Floor Bull Temple Road, Basavanagudi Bangalore Karnataka-560019.
(Hereinafter referred to as the "Consultant", which expression shall, unless repugnant to
the meaning or context hereof, be deemed to include all permitted successors and assigns).
The Client and Consultant are hereinafter collectively referred to as the “Parties” and
individually referred to as the “Party”.
WHEREAS, the Consultant has expertise in the area of managing and providing
recruitment solutions according to specific need(s) of the Client;
WHEREAS, the Client desires to engage the Consultant to provide certain services in the
area of Consultant’s expertise and the Consultant is willing to provide such services to the
Client;
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NOW, THEREFORE, it is hereby agreed by the Client and the Consultant as follows:
1. Responsibilities of the Consultant:
The Consultant shall be responsible for:
a. Analyzing the requirements of the Client for recruitment purposes;
b. Provide suitable candidates matching the job description as provided by the Client;
c. Provide one-time free replacement of candidates to the Client within 90 days in case
a selected candidate leaves before completing (3) Three months of employment on
his/ her own will and not based on performance.
3. Remuneration:
Subject to the following provisions of this Agreement, during the Consultancy
relationship Period, the Consultant shall be compensated for their services as follows:
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a. Definition: Fixed Annual CTC includes Basic salary and all allowances, inclusive
of Daily Allowance, House Rent Allowance, all reimbursements mentioned in the
offer letter, all retirement benefits (Provident Fund, Gratuity, Superannuation) etc.
for recruitment to each of the positions mandated by the client.
b. Commercials @8.33%+taxes on the fixed annual CTC of the candidate across all
levels of hiring.
c. The Consultant shall invoice the Client on the First day from the commencement
of work by the selected candidate at Client’s place.
d. During the term of this Agreement, the Consultant's consultancy fee shall be paid
within 30 days from the date of invoice and paid by means of Cheque or Online
Transfer only.
4. Performance of Duties:
The Consultant agrees to devote, during the Consultancy period, as much business time
as required for the achievement of the stated goals.
The Consultant will be paid within 30 calendar days of raising the invoice, the payment
being, in principle, subject to success on Assignment.
Success on Assignment, for the purpose of this Agreement, will be construed to mean the
candidate's completion of 3 months in the employment of the Client’s company.
If the candidate leaves the Client’s company within 3 months of joining the Client’s
company, i.e., if the assignment is unsuccessful, the Consultant will undertake to rework
on the assignment free of cost i.e. a replacement will be given free of cost within a period
of 90 days of the date of intimation by the Client (in writing within 5 working days) to the
Consultant that the candidate has left the Client’s company.
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Also, if the candidate is forced to leave the Client’s company on performance basis or by
lay-offs or recession or due to Lock-down/seal-down or riots implemented by the
government or governmental actions or any pandemic situations caused, the Consultant
will not be liable or responsible to rework on the assignment free of cost.
5. Confidentiality:
The Consultant acknowledges that, in the course of performing and fulfilling his duties
hereunder, he may have access to and be entrusted with confidential information
concerning the present and contemplated financial status and activities of the Client,
the disclosure of any of which confidential information to competitors of the Client
would be highly detrimental to the interests of the Client. The Consultant further
acknowledges and agrees that the right to maintain the confidentiality of such
information constitutes a proprietary right, which the Client is entitled to protect.
Accordingly, the Consultant covenants and agrees with the Client that he will not,
during the continuance of this Agreement, disclose any of such confidential information
to any person, firm or corporation, nor shall he use same, except as required in the
normal course of his engagement hereunder, and thereafter he shall not disclose or
make use of the same.
7. Termination:
The term of this Agreement shall be for an ongoing period.
a. If the Client terminates the consultancy relationship without cause, the Client shall
provide the Consultant with advance written notice of 4 weeks.
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b. The Consultant may terminate their consultancy relationship at any time by
providing the Client with at least 4 weeks’ advance written notice of the intention to
do so.
c. In the event of the Consultant’s bankruptcy or insolvency, the Client shall have the
right to terminate the Agreement immediately upon written notice to the Consultant.
8. Notices:
• Any notice required to be given hereunder shall be deemed to have been properly
given if delivered personally or sent by e-mail to the e-mail address frequently used
for communication by the Consultant. Any notice to the Client shall be delivered by
post to:
• Client:
Ms. Anita Gaikwad (Assistant Manager)
Schmersal India Private Limited
Plot No-G, 7/1, Ranjangaon MIDC,
Industrial Area, Sirur,
Maharashtra-412220, India.
• Consultant:
Mr. D K Praveen Kumar (Co - founder)
Multi Recruit#103, 2nd Floor,
Bull Temple Road Basavanagudi,
Bangalore Karnataka – 560019.
And if sent by registered mail shall be deemed to have been received on the 3 rd
business day of uninterrupted postal service following the date of mailing. either Party
may change its address for notice at any time, by giving notice to the other party
pursuant to the provisions of this Agreement.
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9. Assignment:
Client’s Obligation: The rights and obligation under this Agreement may be assigned by
the Client to any successor of the Client and be binding upon such successor. The Client
shall ensure that the successor shall continue the provisions of this Agreement as if it
were the original party of the first part. The Client shall intimate the Consultant in
writing immediately upon such assignment coming into effect.
Consultant Obligation: The rights and obligations of the Consultant assigned under this
Agreement are specific to the Consultant and the Consultant shall not, without the
Client’s prior written consent, assign, charge or otherwise transfer or delegate any
provision of this Agreement.
11. Indemnification:
The Consultant hereby undertakes and agrees to indemnify and keep and hold the
Client indemnified and harmless from and against all claims, proceedings, damages,
losses, actions, costs and expenses arising as a consequence of:
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a. any wrongful or negligent act or omission of the Consultant, its employees or
representatives in providing the services hereunder;
b. any breach of the Consultant’s obligations under this Agreement whether by the
Consultant, its employees and representatives.
c. Any misrepresentation by the Consultant, its employees and representatives whether
to the Client or to any third parties in respect of any matter arising out of or related
to the subject matter of this Agreement.
12. Modification:
Any modification of this Agreement or additional obligation assumed by either Party in
connection with this Agreement shall be binding only if evidenced in writing signed by
each Party or an authorized representative of each Party.
13. Severability:
Each paragraph of this Agreement shall be and remain separate from and independent
of and severable from all and any other paragraphs herein except where otherwise
indicated by the context of the agreement. The decision or declaration that one or more
of the paragraphs are null and void shall have no effect on the remaining paragraphs of
this Agreement.
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16. Resolution of Dispute amongst the partners of the Consultant:
If a dispute arises among the partners of the Consultant that may potentially affect the
ability of the Consultant to provide services under this Agreement, and the dispute
among the partners is of such nature that it impacts the provision of services for a
period of 3 months, as acknowledged in writing by the Consultant, the Client reserves
the right to terminate the Agreement as per the Termination clause.
This Agreement is executed in two sets. One set shall be with the Client and the other
set shall be with the Consultant and both shall be treated as originals.
IN WITNESS WHEREOF, the Consultant has hereunto set his hand, and the Client
has caused these presents to be executed in its name and on its behalf, all as of the day
and year first above written.
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