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EMPLOYMENT AGREEMENT
This Agreement is entered into on this Wednesday, 28 May, 2014, by and between M/s. ReneSola India
Pvt. Ltd., having its principal place of Business at Ideal Centre, 9, A.J.C. Bose Road, 5th Floor, Kolkata –
700017, India, (hereinafter called the “Company”, which expression shall unless repugnant to the context
or meaning thereof shall include its successors and assigns) of the ONE PART
And
Mr. Pradeep Kharb (hereinafter referred to as “Employee” or “You”) B-100, Shashi Garden, Gali no-10,
Mayur Vihar, phase-1 New-Delhi of the OTHER PART:
Whereas Company employs you as Business Development Manager designated as Manager (M1) and You
accept employment with the Company on the terms and conditions set forth in this Employment
Agreement (the “Agreement”);
I. EMPLOYMENT TERMS AND DUTIES
1. Your Employment shall begin on 31st May 2014 and shall end on the date pursuant to
Section IV of this Agreement.
2. During your employment with the Company, You will devote your entire and undivided
business time, attention, effort, skill, care and energy to the business of the Company. You
shall perform your duties faithfully, intelligently, to the best of your ability, and in the best
interest of the Company.
3. Your reporting manager shall from time to time explain you your objectives and
responsibilities and other details of your employment. You will accept and shall abide by
all lawful and reasonable instructions issued by any of your superiors. You shall perform
your duties at such place or places, as the Company shall reasonably designate. Your Job
Description and the emoluments (CTC) are attached herewith this mail as Schedule I to
this Agreement.
4. In performing such duties, You shall be subject to the direction and control of your
immediate Seniors and the Board of Directors and CEO of the Company.
RenesolaIndiaPrivate Limited
Add:Ideal Centre,5th
Floor,9,A.J.C Bose Road, Kolkata-700017
Tel: +91-33-40239000Fax: +91-33-40239011
Website: www.renesola.com
2 | P a g e
5. The employment relationship shall also be governed by the general employment policies
and practices of the Company, rules framed from time to time and contained in the
employee manual, except that when the terms of this Agreement differ from or are in
conflict with the Company’s general employment policies or practices, the latter shall
prevail. You will also be bound by the Rules, Regulations and office orders in force and
framed by the Company from time to time in relation to your service conditions, which
will form part of your terms of employment.
6. You agree and recognize and agree that all ideas, inventions, enhancements, plans,
writings, Intellectual Property, and other developments or improvements (the
“Inventions”) conceived by you, alone or with others, during the term of your employment,
whether or not during working hours, that are within the scope of the Company’s business
operations or that relate to any of the Company’s work or projects, are the sole and
exclusive property of the Company.
7. Your place of posting will be at Delhi/ NCR; however as per management’s discretion you
are liable to be transferred to another department or place. Upon such transfer the rules
and regulations and services applicable to such post or at place of transfer will become
applicable to your grade for that location.
II. COMPENSATION AND BENEFITS
You will be entitled to remuneration in accordance with Company’s customary payroll
procedures. The job title, duties and compensation may be adjusted from time to time as
the Company may determine, in its sole discretion. You will be placed in Grade M1 of the
Company.
III. PROTECTION OF CONFIDENTIAL INFORMATION
The Employee agrees to hold and maintain confidential certain secret, confidential
and/or proprietary information which is the property of the Company and to return all
such information to the Company when he leaves the employ of the Company and not to
compete with the Company during his employment and for a limited period of Three years
thereafter in all fairness for Company’s goodwill based upon mutual covenant and trust.
The Employee recognizes and acknowledges that the Company's trade secrets, know-
how and proprietary processes as they may exist from time to time (including, without
limitation, information regarding methods, Production processes, Product Information
Various Internal Processes, ERP based information) as well as the Company's confidential
business plans and financial data, and confidential information belonging to the company
and to the third parties which may from time to time be disclosed or made available to the
Company (together, "Confidential Information") are valuable, special and unique assets of
the Company's business. Without the Company's express prior written consent, the
Employee will not, at any time during or after his employment by the Company, use any
3 | P a g e
Confidential Information for himself or others, or disclose or communicate any
Confidential Information to any third party for any purpose whatsoever.
The Employee will devote his best efforts, attention and energies to the Company's
business. During the period of employment and for five years thereafter, the Employee
will not, directly or indirectly, engage in (or own interest in any entity which engages in)
activities in competition with the business or potential business of the Company. In
addition, during the same period, the Employee will not, directly or indirectly, solicit, hire,
or attempt to persuade any employee or agent of, or consultant to, the Company to
terminate his relationship with the Company. The time period provided for herein shall be
extended for any period of time in which the Employee is in violation of any of the
provisions of this Section.
The Employee agrees and acknowledges that the Company will suffer irreparable injury
and damage and cannot be reasonably or adequately compensated in monetary damages
for the loss by the Company of its benefits or rights under this Agreement as the result of a
breach, default or violation by the Employee of his obligations, Accordingly, the Company
shall be entitled, in addition to all other remedies which may be available equitable relief
in any court of competent jurisdiction to prevent or otherwise restrain or terminate any
actual or threatened breach, default or violation by the Employee of any provision
contained hereinabove.
IV. TERM AND TERMINATION
1. Either party may terminate this employment by giving Two (2) month’s prior
notice or salary in lieu thereof.
2. Your employment may be terminated by the Company for cause pursuant to
conducting a disciplinary procedure. The disciplinary proceedings will be conducted,
including but not limited to on the occurrence of any one of the following events:
i. If You wilfully fail or refuse to comply, in a material manner, with the
policies, standards, and regulations of the Company following written notice
of breach and a reasonable opportunity to cure;
ii. You engage in fraud, dishonesty, or any other act of misconduct in the
performance of your duties on behalf of the Company;
iii. You fail to perform any material provisions of this Agreement to be
performed by You provided however, that if such breach can be cured, You
will receive reasonable, written notice of breach and a reasonable
opportunity to cure such breach;
iv. This appointment is made on the basis of information contained in the
“Application of Employment” submitted by you and also on information and
particulars furnished by you during the personal interview with the
Company officials. In the event of your concealing any vital information
affecting the company’s interest adversely or information/ particulars
4 | P a g e
furnished by you being found to be false, your services are liable to be
terminated without any notice or payment in lieu of notice without prejudice
to its rights to resort to any other action according to law.
3. On attaining the age of 58 years, you ipso facto stand retired from the services of the
company, unless advised by company otherwise.
4. The continuation of your service will be subject to your being found and remaining
physically and mentally fit. During the tenure of your service, you may be required to
undergo medical check-ups at the instance of the management. If you are declared unfit to
perform your part of the contract or if you are declared to be unfit due to continued ill
health rendering you unfit to perform your contract or duties, the Company shall
terminate your services.
Without prejudice to other remedies that may be available under the applicable laws, to the
Company against You, in case of termination in accordance with clause 2 of section V above, the
Company shall not have any further liability to you other than for remuneration, allowances and
prerequisites that have accrued prior to the effective date of termination of employment.
V. RETURN OF ASSETS AND INFORMATION:
You agree that if your employment is terminated, You will immediately and without request
deliver to the Company any and all physical assets entrusted to You by the Company and any and
all records and papers and all matters of whatever nature which contain the Company
information.
VI. RESOLUTION OF DISPUTES & REMEDIES
1. In the event of any dispute or difference in any way or manner arising out of, in relation to
or in connection with this Agreement, the same shall first be resolved by amicable
settlement between the parties, if there is no agreement on the settlement of the dispute
the same shall be decided by arbitration in accordance with the Arbitration and
Conciliation Act, 1996. The Arbitration proceedings shall be conducted in English
language. The venue of the Arbitration shall be at Kolkata.
2. Nothing in this Agreement shall limit the rights or remedies of the Company arising
directly or indirectly from such breach and/or competitive employment including, without
limitation, claims based upon breach of fiduciary duty, misappropriation, and theft of
confidential Information and/ or tortuous interference with contract.
VII. SEVERABILITY
The Company and You agree that if any part of this Agreement shall be found to be invalid, illegal
or unenforceable by the courts or law of India then that part shall not affect any of the other part
of this Agreement and this Agreement shall be construed as if such invalid, illegal or
unenforceable part had never been contained herein.
VIII. ASSIGNABILITY
5 | P a g e
If the Company and You agree to transfer You to another of the Company affiliate, then this
Agreement shall be automatically assigned to that affiliate. This Agreement shall inure to the
benefit of any assignee of the Company and You specifically agree to execute on demand all
necessary documents in connection therewith.
IX. GOVERNING LAW
It is understood and agreed by the Company and You that this Agreement shall be interpreted and
governed by the laws of India irrespective of the place of execution or the place or places of
performance. The Company and You further acknowledge that this Agreement is written in
English and that English is the controlling language.
X. WAIVER
Any failure by either party to exercise its rights or any delay, forbearance or indulgence by either
party in exercising any rights under this Agreement shall not operate as a waiver of that right or
preclude its exercise at any subsequent time or on any subsequent occasion.
XI. NONDISPARAGEMENT
During or after termination of your employment, You will not disparage, denigrate or defame or
take any action that is injurious to the interest of the Company, its products or services.
XII. UNDERTAKING
You represent and warrant to the Company that there is no other employment contract or any
other contractual obligation to which You are subject, which prevents You from entering into this
Agreement or from performing your duties under this Agreement.
XIII. INDEMNIFICATION
You agree to indemnify and keep the Company indemnified against all losses, claims, injury,
damage, costs and expenses that the Company may suffer or incur as a result of or in connection
with -
i. Any falsity whether already known or discovered at any time in the future, of any of the
statements, acknowledgement, representations and warranties made by You in this
Agreement; or
ii. Any breach or non-compliance by You of any term of this Agreement; or
iii. any default, breach, non-compliance or irregularity of any nature whatsoever that may be
committed by You; or
iv. Any liability of the Company towards any third party including any government or
statutory authority attributable to any past action or default on your part as an executive
of the Company.
XIV. NOTICES:
All notices, reports and communications permitted or required by this Agreement shall be in
writing, and shall be deemed to have been given on the date of delivery under endorsement or by
registered post. The addresses on the signing page of this Agreement or any other address
notified in the Company’s book shall be the address for the said purpose.
6 | P a g e
XV. MODIFICATION
The terms of employment contained herein may only be modified by a written instrument
executed by the Company and You.
XVI. COUNTERPARTS
Company and You agree that there will be two original copies of this Agreement, one to be kept, as
a matter of record with the Company and one to be kept as a matter of record with You.
Signature Page Follows
IN WITNESS WHEREOF, and intending to be legally bound thereby, the Agreement is executed by on
Wednesday, 28 May, 2014 –
“Company” “Employee”
Authorised Signatory _______________________
Witness Witness
1. 1.
7 | P a g e
ANNEXURE – I
Name of the Employee: Pradeep Kharb
Designation: Business Development Manager
Date of Joining: 31st May 2014
CTC Break-up for 2014-15
Particulars Monthly Annually
Basic 30000 360000
HRA 15000 180000
Special Allowance 3333 40000
Conveyance Allowance 1000 12000
City Comp. Allowances 1000 12000
Education Allowances 500 6000
Soft Furnishing Allowance 10417 125000
Food coupon 1500 18000
Medical 1250 15000
LTA 3333 40000
PF 3600 43200
Petrol Reimbursement 10000 120000
Additional Allowances 5373 64480
Driver Allowances 8000 96000
Entertainment Allowances 2000 24000
Total 96307 1155680
Note:
*Applicable taxes will be deducted from the monthly payroll as per applicable laws.
8 | P a g e
ANNEXURE – II
* Please Look into this Schedule and fill up the details as per current HR policies of the Company.
Benefits:
Besides, you and your dependents will be eligible for Mediclaim benefits as per the company’s policy.
You will be entitled to leave as per the following table:
Leave type Days p.a.
Earned Leave (EL) 19
Casual Leave (CL) 5
Sick Leave/ Medical Leave (SL) 6

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RENESOLA INDIA Employment agreement

  • 1. EMPLOYMENT AGREEMENT This Agreement is entered into on this Wednesday, 28 May, 2014, by and between M/s. ReneSola India Pvt. Ltd., having its principal place of Business at Ideal Centre, 9, A.J.C. Bose Road, 5th Floor, Kolkata – 700017, India, (hereinafter called the “Company”, which expression shall unless repugnant to the context or meaning thereof shall include its successors and assigns) of the ONE PART And Mr. Pradeep Kharb (hereinafter referred to as “Employee” or “You”) B-100, Shashi Garden, Gali no-10, Mayur Vihar, phase-1 New-Delhi of the OTHER PART: Whereas Company employs you as Business Development Manager designated as Manager (M1) and You accept employment with the Company on the terms and conditions set forth in this Employment Agreement (the “Agreement”); I. EMPLOYMENT TERMS AND DUTIES 1. Your Employment shall begin on 31st May 2014 and shall end on the date pursuant to Section IV of this Agreement. 2. During your employment with the Company, You will devote your entire and undivided business time, attention, effort, skill, care and energy to the business of the Company. You shall perform your duties faithfully, intelligently, to the best of your ability, and in the best interest of the Company. 3. Your reporting manager shall from time to time explain you your objectives and responsibilities and other details of your employment. You will accept and shall abide by all lawful and reasonable instructions issued by any of your superiors. You shall perform your duties at such place or places, as the Company shall reasonably designate. Your Job Description and the emoluments (CTC) are attached herewith this mail as Schedule I to this Agreement. 4. In performing such duties, You shall be subject to the direction and control of your immediate Seniors and the Board of Directors and CEO of the Company. RenesolaIndiaPrivate Limited Add:Ideal Centre,5th Floor,9,A.J.C Bose Road, Kolkata-700017 Tel: +91-33-40239000Fax: +91-33-40239011 Website: www.renesola.com
  • 2. 2 | P a g e 5. The employment relationship shall also be governed by the general employment policies and practices of the Company, rules framed from time to time and contained in the employee manual, except that when the terms of this Agreement differ from or are in conflict with the Company’s general employment policies or practices, the latter shall prevail. You will also be bound by the Rules, Regulations and office orders in force and framed by the Company from time to time in relation to your service conditions, which will form part of your terms of employment. 6. You agree and recognize and agree that all ideas, inventions, enhancements, plans, writings, Intellectual Property, and other developments or improvements (the “Inventions”) conceived by you, alone or with others, during the term of your employment, whether or not during working hours, that are within the scope of the Company’s business operations or that relate to any of the Company’s work or projects, are the sole and exclusive property of the Company. 7. Your place of posting will be at Delhi/ NCR; however as per management’s discretion you are liable to be transferred to another department or place. Upon such transfer the rules and regulations and services applicable to such post or at place of transfer will become applicable to your grade for that location. II. COMPENSATION AND BENEFITS You will be entitled to remuneration in accordance with Company’s customary payroll procedures. The job title, duties and compensation may be adjusted from time to time as the Company may determine, in its sole discretion. You will be placed in Grade M1 of the Company. III. PROTECTION OF CONFIDENTIAL INFORMATION The Employee agrees to hold and maintain confidential certain secret, confidential and/or proprietary information which is the property of the Company and to return all such information to the Company when he leaves the employ of the Company and not to compete with the Company during his employment and for a limited period of Three years thereafter in all fairness for Company’s goodwill based upon mutual covenant and trust. The Employee recognizes and acknowledges that the Company's trade secrets, know- how and proprietary processes as they may exist from time to time (including, without limitation, information regarding methods, Production processes, Product Information Various Internal Processes, ERP based information) as well as the Company's confidential business plans and financial data, and confidential information belonging to the company and to the third parties which may from time to time be disclosed or made available to the Company (together, "Confidential Information") are valuable, special and unique assets of the Company's business. Without the Company's express prior written consent, the Employee will not, at any time during or after his employment by the Company, use any
  • 3. 3 | P a g e Confidential Information for himself or others, or disclose or communicate any Confidential Information to any third party for any purpose whatsoever. The Employee will devote his best efforts, attention and energies to the Company's business. During the period of employment and for five years thereafter, the Employee will not, directly or indirectly, engage in (or own interest in any entity which engages in) activities in competition with the business or potential business of the Company. In addition, during the same period, the Employee will not, directly or indirectly, solicit, hire, or attempt to persuade any employee or agent of, or consultant to, the Company to terminate his relationship with the Company. The time period provided for herein shall be extended for any period of time in which the Employee is in violation of any of the provisions of this Section. The Employee agrees and acknowledges that the Company will suffer irreparable injury and damage and cannot be reasonably or adequately compensated in monetary damages for the loss by the Company of its benefits or rights under this Agreement as the result of a breach, default or violation by the Employee of his obligations, Accordingly, the Company shall be entitled, in addition to all other remedies which may be available equitable relief in any court of competent jurisdiction to prevent or otherwise restrain or terminate any actual or threatened breach, default or violation by the Employee of any provision contained hereinabove. IV. TERM AND TERMINATION 1. Either party may terminate this employment by giving Two (2) month’s prior notice or salary in lieu thereof. 2. Your employment may be terminated by the Company for cause pursuant to conducting a disciplinary procedure. The disciplinary proceedings will be conducted, including but not limited to on the occurrence of any one of the following events: i. If You wilfully fail or refuse to comply, in a material manner, with the policies, standards, and regulations of the Company following written notice of breach and a reasonable opportunity to cure; ii. You engage in fraud, dishonesty, or any other act of misconduct in the performance of your duties on behalf of the Company; iii. You fail to perform any material provisions of this Agreement to be performed by You provided however, that if such breach can be cured, You will receive reasonable, written notice of breach and a reasonable opportunity to cure such breach; iv. This appointment is made on the basis of information contained in the “Application of Employment” submitted by you and also on information and particulars furnished by you during the personal interview with the Company officials. In the event of your concealing any vital information affecting the company’s interest adversely or information/ particulars
  • 4. 4 | P a g e furnished by you being found to be false, your services are liable to be terminated without any notice or payment in lieu of notice without prejudice to its rights to resort to any other action according to law. 3. On attaining the age of 58 years, you ipso facto stand retired from the services of the company, unless advised by company otherwise. 4. The continuation of your service will be subject to your being found and remaining physically and mentally fit. During the tenure of your service, you may be required to undergo medical check-ups at the instance of the management. If you are declared unfit to perform your part of the contract or if you are declared to be unfit due to continued ill health rendering you unfit to perform your contract or duties, the Company shall terminate your services. Without prejudice to other remedies that may be available under the applicable laws, to the Company against You, in case of termination in accordance with clause 2 of section V above, the Company shall not have any further liability to you other than for remuneration, allowances and prerequisites that have accrued prior to the effective date of termination of employment. V. RETURN OF ASSETS AND INFORMATION: You agree that if your employment is terminated, You will immediately and without request deliver to the Company any and all physical assets entrusted to You by the Company and any and all records and papers and all matters of whatever nature which contain the Company information. VI. RESOLUTION OF DISPUTES & REMEDIES 1. In the event of any dispute or difference in any way or manner arising out of, in relation to or in connection with this Agreement, the same shall first be resolved by amicable settlement between the parties, if there is no agreement on the settlement of the dispute the same shall be decided by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted in English language. The venue of the Arbitration shall be at Kolkata. 2. Nothing in this Agreement shall limit the rights or remedies of the Company arising directly or indirectly from such breach and/or competitive employment including, without limitation, claims based upon breach of fiduciary duty, misappropriation, and theft of confidential Information and/ or tortuous interference with contract. VII. SEVERABILITY The Company and You agree that if any part of this Agreement shall be found to be invalid, illegal or unenforceable by the courts or law of India then that part shall not affect any of the other part of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable part had never been contained herein. VIII. ASSIGNABILITY
  • 5. 5 | P a g e If the Company and You agree to transfer You to another of the Company affiliate, then this Agreement shall be automatically assigned to that affiliate. This Agreement shall inure to the benefit of any assignee of the Company and You specifically agree to execute on demand all necessary documents in connection therewith. IX. GOVERNING LAW It is understood and agreed by the Company and You that this Agreement shall be interpreted and governed by the laws of India irrespective of the place of execution or the place or places of performance. The Company and You further acknowledge that this Agreement is written in English and that English is the controlling language. X. WAIVER Any failure by either party to exercise its rights or any delay, forbearance or indulgence by either party in exercising any rights under this Agreement shall not operate as a waiver of that right or preclude its exercise at any subsequent time or on any subsequent occasion. XI. NONDISPARAGEMENT During or after termination of your employment, You will not disparage, denigrate or defame or take any action that is injurious to the interest of the Company, its products or services. XII. UNDERTAKING You represent and warrant to the Company that there is no other employment contract or any other contractual obligation to which You are subject, which prevents You from entering into this Agreement or from performing your duties under this Agreement. XIII. INDEMNIFICATION You agree to indemnify and keep the Company indemnified against all losses, claims, injury, damage, costs and expenses that the Company may suffer or incur as a result of or in connection with - i. Any falsity whether already known or discovered at any time in the future, of any of the statements, acknowledgement, representations and warranties made by You in this Agreement; or ii. Any breach or non-compliance by You of any term of this Agreement; or iii. any default, breach, non-compliance or irregularity of any nature whatsoever that may be committed by You; or iv. Any liability of the Company towards any third party including any government or statutory authority attributable to any past action or default on your part as an executive of the Company. XIV. NOTICES: All notices, reports and communications permitted or required by this Agreement shall be in writing, and shall be deemed to have been given on the date of delivery under endorsement or by registered post. The addresses on the signing page of this Agreement or any other address notified in the Company’s book shall be the address for the said purpose.
  • 6. 6 | P a g e XV. MODIFICATION The terms of employment contained herein may only be modified by a written instrument executed by the Company and You. XVI. COUNTERPARTS Company and You agree that there will be two original copies of this Agreement, one to be kept, as a matter of record with the Company and one to be kept as a matter of record with You. Signature Page Follows IN WITNESS WHEREOF, and intending to be legally bound thereby, the Agreement is executed by on Wednesday, 28 May, 2014 – “Company” “Employee” Authorised Signatory _______________________ Witness Witness 1. 1.
  • 7. 7 | P a g e ANNEXURE – I Name of the Employee: Pradeep Kharb Designation: Business Development Manager Date of Joining: 31st May 2014 CTC Break-up for 2014-15 Particulars Monthly Annually Basic 30000 360000 HRA 15000 180000 Special Allowance 3333 40000 Conveyance Allowance 1000 12000 City Comp. Allowances 1000 12000 Education Allowances 500 6000 Soft Furnishing Allowance 10417 125000 Food coupon 1500 18000 Medical 1250 15000 LTA 3333 40000 PF 3600 43200 Petrol Reimbursement 10000 120000 Additional Allowances 5373 64480 Driver Allowances 8000 96000 Entertainment Allowances 2000 24000 Total 96307 1155680 Note: *Applicable taxes will be deducted from the monthly payroll as per applicable laws.
  • 8. 8 | P a g e ANNEXURE – II * Please Look into this Schedule and fill up the details as per current HR policies of the Company. Benefits: Besides, you and your dependents will be eligible for Mediclaim benefits as per the company’s policy. You will be entitled to leave as per the following table: Leave type Days p.a. Earned Leave (EL) 19 Casual Leave (CL) 5 Sick Leave/ Medical Leave (SL) 6