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AND WHEREAS the Engineer recognizes and accepts that at the time of appointment as System Engineer, except exposure to academic kno !edge, he"she has recei#ed no forma!, effecti#e, technica! or practica! training to independent!y function as a System Engineer ho is commercia!!y #ia$!e to the %ompany& AND WHEREAS the Engineer further recognizes and accepts that prior to and at the time of 'oining the %ompany, he"she has not $een exposed to and, therefore, has not ac(uired any management or communication ski!!s, hich are essentia! to for performance of duties $y the Engineer hich meet the current $usiness needs, parameters, standards and efficiency !e#e!s re(uired $y the %ompany& AND WHEREAS conse(uent!y and in order for the %ompany to uti!ize the ski!!s of the Engineer, the Engineer ou!d need to undergo forma! and extensi#e training in accordance ith courses, modu!es and programmes prescri$ed or conducted $y the %ompany& AND WHEREAS the Engineer is a are that the %ompany ou!d $e expending su$stantia! sums of money and incurring costs, expenses, man hours etc) in the process of se!ecting and appointing him"her as System Engineer and thereafter imparting training to such Engineer& AND WHEREAS the Engineer recognizes and accepts that the %ompany ou!d suffer su$stantia! financia! !oss, incon#enience, !oss of resources, man hours, computer time etc), in the e#ent the Engineer fai!s to comp!ete the training as prescri$ed hereunder and"or !ea#es the %ompany during the Ser#ice *eriod) +n such e#ent, the Engineer here$y agrees to reim$urse and compensate the %ompany in the manner enumerated in c!ause , of this Ser#ice Agreement& N-W .H+S SER/+%E A0REE1EN. W+.NESSES AS 2-33-WS4 5) .he Engineer has $een appointed as a System Engineer on training ith the %ompany) .he Engineer i!! undergo 2oundation *rogrammed .raining 67the 2*.89 as detai!ed in %!ause : of this agreement at the %ompany;s !ocation at 1ysore, +ndia hich i!! commence on the Engineer 'oining the %ompany) .he Ser#ice *eriod a!so inc!udes the 2*. period as detai!ed in %!ause :) +f the Engineer takes !ea#es on !oss of pay 673-*89, such !ea#e period sha!! not $e inc!uded ithin the meaning of Ser#ice *eriod) .he Engineer here$y ackno !edges and agrees that his"her Ser#ice *eriod sha!! $e extended $y the num$er days of !ea#e taken on 3-*) .he Engineer sha!! $e paid a tota! month!y fixed compensation of Rs)5<,:=5"> As fo!!o s4 a9 ?asic Sa!ary 4Rs) @,A2="> $9 Dearness A!!o ance 4Rs) 5,5=="> c9 ?asket of A!!o ances 4Rs) B,2CC"> d9 ?onus " Ex>0ratia 4Rs) 5,,=A"> +n addition to the month!y fixed compensation, the Engineer is e!igi$!e for a training performance > !inked incenti#e 67.*+89, $ased on the performance of the Engineer during 2*.) :) .he Engineer agrees to undergo training immediate!y upon 'oining) .he o$'ecti#es, methodo!ogy, content and e#a!uation procedures of the 2*. are detai!ed in the assessment and e#a!uation po!icy hich is a#ai!a$!e to the Engineer for inspection ith the Education D Research 67EDR89 department) .he duration of the 2*. ou!d norma!!y range up to a period of 2: eeks for Engineers ith non computer science $ackground and 2= eeks for Engineers ith computer science $ackground un!ess other ise express!y prescri$ed $y the %ompany) 2*. period i!! $e determined $y the %ompany on the $asis of educationa! (ua!ification of the Engineer at the time of entry into the %ompany and $usiness re(uirements of the %ompany) .he Engineer is expected to (ua!ify in the 2*., hich is intended to render him " her competent to undertake soft are de#e!opment tasks that may $e su$se(uent!y assigned to him " her) A!! modu!es of the 2*. are compu!sory) Epon successfu! (ua!ification in the 2*., the Engineer may, at the so!e discretion of the %ompany, $e deputed for -n>the>Fo$ training to a *ractice Enit for such period as may $e specified $y the %ompany) Not ithstanding any other pro#ision, in certain cases, $ased on the $usiness re(uirements of the %ompany, the %ompany sha!! depute the Engineer for 7-n>the>Fo$8 training $efore undergoing or prior to comp!etion of the 2*.) Ho e#er, ithin one year of the Engineer;s date of 'oining the %ompany, the Engineer i!! $e pro#ided ith the opportunity to undergo and comp!ete the 2*.) A) System Engineers undergoing training are re(uired to peruse the assessment and e#a!uation po!icy hich is a#ai!a$!e ith the EDR department) .he content sha!! $e presumed to $e ithin the kno !edge of the Engineer upon reporting for training)
2)
>>>>>>>>>>>>>> COMPANY
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.he Engineer accepts, agrees and admits that the %ompany has incurred expenses and costs in the process of recruitment, such expenses $eing in the nature of ad#ertisements, imp!ementation of se!ection procedures, inter#ie s, tra#e!, etc) .he Engineer is a are that in the e#ent of his " her not comp!eting the Ser#ice *eriod, the %ompany ou!d, ithout option, $e constrained once again to incur, simi!ar expenses, hich ou!d $e a direct resu!t of him " her !ea#ing the %ompany premature!y) .he Engineer further accepts, agrees and admits that the nature, (ua!ity, intensity and content of training 67Exhi$it A89 to $e imparted $y the %ompany is not a#ai!a$!e or imparted $y any other company of a simi!ar nature) the 2*. is designed to satisfy the exc!usi#e re(uirements of the %ompany and that the opportunity to $e trained in computers, ith pro#ision for exc!usi#e orking on computers is not a#ai!a$!e ith or pro#ided $y any other company of simi!ar nature) .he Engineer is further a are that the %ompany ou!d ha#e earned considera$!e re#enue $y hiring out computer time instead of imparting such 2*. training thereon to the Engineer) .he Engineer admits and recognizes that the technica! and management training in#o!#es su$stantia! training costs, man hours, resource uti!ization and is the resu!t of the %ompany;s pro>acti#e po!icies in encouraging !eadership (ua!ities) .he Engineer, therefore, agrees that in the e#ent of his " her !ea#ing the %ompany $efore comp!etion of the Ser#ice Agreement *eriod ith the %ompany for any reason hatsoe#er, he " she sha!! $e !ia$!e to pay to the %ompany compensation " damages ca!cu!ated as fo!!o s and " or reim$urse a!! costs and expenses incurred in or connected ith the training4 a) 2ixed cost of Rs. 23,000 hich inc!udes Rs) 5,,=== Recruitment cost and Rs) <,=== .raining cost) $) C,G of fixed sa!ary 6Exc!uding *2 and 0ratuity9 paid $y the %ompany to the Engineer during the 2.* period, hich is ca!cu!ated at Rs. 458 per day 6A#erage ca!endar day per month is considered at := days) +n case the Engineer resigns in midd!e of any month, the num$er of days orked in that month ou!d $e considered for ca!cu!ating the G of sa!ary amount deducta$!e9) c) ,=G of .ota! computer time uti!ized is ca!cu!ated at Rs. 25per day 6A#erage orking day per month is considered at 22 days) +n case the Engineer resigns in midd!e of any month, the num$er of days orked in that month ou!d $e considered for the ca!cu!ation9)
@)
.he Engineer, %ompany and Surety accept, agree and admit that the amounts ca!cu!ated on the aforementioned $asis is a genuine, fair and reasona$!e estimate of the damages, !oss and expenses that the %ompany ou!d suffer on pro#iding training to the Engineer) .he Engineer agrees that he " she sha!! faithfu!!y and di!igent!y undergo and im$i$e the training prescri$ed as per the 2*.) .he Engineer ackno !edges that fai!ure to comp!ete the 2*. successfu!!y or !ea#ing the %ompany ithin the Ser#ice *eriod sha!! mean and inc!ude4
C)
aH 2ai!ure to comp!ete 2*. $y $eing a$sent for any reason6s9 hatsoe#er from the %ompany& $H 3ea#ing the %ompany for the purpose of higher studies, research, a!ternate emp!oyment,
a!ternate training or any other purpose during the Ser#ice *eriod)
cH Dismissa! of Engineer
$y the %ompany for any act of misconduct, indiscip!ine, a$sence, refusa! to o$ey orders, $reach of interna! po!icies of the %ompany or unsatisfactory response of the Engineer during the Ser#ice *eriod)
.he Surety here$y undertakes and accepts that his " her !ia$i!ity is co> extensi#e ith that of the Engineer) .he Surety sha!! $e 'oint!y and se#era!!y !ia$!e ith the Engineer for payment of a!! amounts that may $ecome due and paya$!e under this Ser#ice Agreement) .he Surety here$y ackno !edges that he"she is a are and accepts the specia! nature and character of deputation of the Engineer as e!! as the manner of computation of damages " compensation enumerated in c!ause , of this Ser#ice Agreement) .he Surety here$y agrees and accepts that the %ompany sha!! $e at !i$erty to enforce this guarantee furnished $y him"her ithout necessari!y seeking to enforce the same against the Engineer in the first instance) .he Surety here$y agrees and accepts that the %ompany sha!! $e entit!ed to proceed either against the Engineer or Surety or $oth for reco#ery of any amounts due under this Ser#ice Agreement) .he Surety here$y agrees and accepts that any demand made on the Engineer under this Ser#ice Agreement sha!! $e deemed to $e sufficient notice of such demand to the Surety a!so) .he Surety and Engineer here$y state that they ha#e entered into this Ser#ice Agreement #o!untari!y and after $eing fu!!y a are of a!! !ega! conse(uences arising out of this Ser#ice Agreement) +N W+.NESSES >>>>>>>>>>>>>> COMPANY >>>>>>>>>>>>>> ENGINEER >>>>>>>>>>> SURETY
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A
WHERE-2 the parties ha#e signed this Ser#ice Agreement on the date, month and year first a$o#e ritten $efore the fo!!o ing itnesses4
W+.NESSES4
W+.NESS 5
%-1*ANI
W+.NESS 2
EN0+NEER
W+.NESS : NOTARY! 6*!ease tick the appropriate $ox and initia! " sign against the chosen option9 .he Engineer has signed $efore me .he Surety has signed $efore me .he Engineer D Surety ha#e signed $efore me
SERE.I
>>>>>>>>>>>>>> COMPANY
E"#$%$& A .he 2oundation *rogramme .raining 62*.9 .he 2*. may consist of se#era! training modu!es 6hereinafter the terms 7modu!e8 and 7programme8 are used interchangea$!y9) %urrent!y there are t o training modu!es, name!y4 6i9 .echnica! .raining& and 6ii9 1anagement Ski!!s .raining .echnica! .raining further comprises of 2 distinct modu!es 6i9 0eneric Stream& and 6ii9 .echno!ogy Specific Stream A!! references to 7.echnica! .raining8 sha!! inc!ude $oth 0eneric Stream and .echno!ogy Specific Stream) +) .echnica! .raining4 .he Engineer ou!d $e re(uired to undergo .echnica! .raining in a!! or any of the fo!!o ing %ompany designed courses as a specified programme) .he curricu!um may $e modified $ased on the %ompany;s re(uirement from time to time) At present there are t o modu!es 6a!so ca!!ed stream programmes9 of technica! training as enumerated $e!o 4 a9 0eneric Stream *rogramme4 programming princip!es, data$ase concepts, (ua!ity systems concepts, computer hard are D SJsoft are, E+ design issues and other su$'ects) $9 .echno!ogy Specific Stream *rogramme4 mainframe systems or internet $ased systems or open systems or ASA== systems, stream pro'ect and other su$'ects)
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1anagement Ski!!s .raining4 E#ery Engineer sha!! undergo pre>determined management ski!!s programme during and as a part of the 2*.) .hese programmes ou!d co#er communication ski!!s and $usiness ski!!s and such other components as the %ompany may determine from time to time depending upon #arying $usiness re(uirements of the %ompany)
+t is mandatory that e#ery Engineer (ua!ifies in the manner specified $oth in .echnica! .raining and 1anagement Ski!!s .raining) A!! e#a!uation criteria and training process " methodo!ogy sha!! $e exc!usi#e!y determined $y the %ompany and may $e re#ie ed $y the %ompany from time to time)
>>>>>>>>>>>>>> COMPANY