Tcs..experience certainity

Tcs document preparation                      Tcs Ilp               

Service Agreement

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THIS AGREEMENT made at Mumbai on this _DATE OF ILP START_ day of _MONTH OF ILP START_, Two thousand and _NINE/TEN_ between TATA CONSULTANCY SERVICES LIMITED, a company incorporated under the Companies Act 1956 (hereinafter referred to as “TCS”) and having its Corporate Office at TCS House, Corner of Hazarimal Somani Marg & Raveline Street, Near Sterling Cinema, Fort, Mumbai 400 001 of the First Part and _YOUR FULL NAME_ an Indian Inhabitant, residing at _YOUR CURRENT ADDRESS_ and having permanent address at _YOUR PERMANENT ADDRESS_ (hereinafter referred to as “Mr./Ms. _YOUR FULL NAME_”) of the Second Part AND _SURETY NAME, LEAVE BLANK IF YOU SUBMIT AN FD OF 50,000_ (hereinafter referred to as “The Surety”) which expression shall be deemed to include his/her executor, heir and administrator of the Third Part.
WHEREAS TCS is involved in the business of problem solving or consultancy and as of present and the foreseeable future specifically in the business of Computer and Management Consultancy - offering services and products both in India and abroad.
WHEREAS the possession of the above problem solving techniques and effective use of high technologies equipment can be acquired mainly through special training and / or specific on the job training (“Training”).

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WHEREAS the said Training is of a duration of twelve months and is liable to be extended by a further duration based on the performance of Mr./Ms._YOUR FULL NAME_ during the Training, of which TCS shall be the sole judge.
WHEREAS the above mentioned Training involves considerable expenditure - both direct and indirect, financial and unliquidated - related to faculty, computer time, support facilities, salary of Mr./Ms. ._YOUR FULL NAME_ while under Training.
WHEREAS this Training substantially improves the professional standing of Mr./Ms. ._YOUR FULL NAME_ and it has been imparted by TCS at considerable expenditure as an investment, TCS expects a commitment (elaborated below) from the employee to recover its expenditure or seek a penalty for non-fulfillment of the same.
WHEREAS the expenditure involved in imparting the said Training to Mr./Ms._YOUR FULL NAME_ is several times in excess of the penalty demanded from him/her.
IT IS NOW HEREBY AGREED AS UNDER:
1. In consideration of the Training to be imparted by TCS, Mr. ._YOUR FULL NAME_ , undertakes irrevocably to serve TCS or any of its associated or affiliated companies to which he/she may be transferred for a minimum period of 2 (two) years from the date of joining TCS. Mr./Ms._YOUR FULL NAME_ is giving this undertaking in view of the considerable expenditure incurred by TCS on him/her.
2. Mr./Ms._YOUR FULL NAME_ agrees not to take employment with any other person, firm or company during the period of applicability of this agreement.

FILL THIS CLAUSE ONLY IF U ARE SUBMITTING AN FD OF 50,000 RS OTHERWISE LEAVE IT BLANK.
3. By way of guarantee for due performance of all the terms and conditions contained in the Agreement, Mr./Ms._YOUR FULL NAME_ has deposited in the name of TCS a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with the._NAME OF BANK_ Bank/ ____(???)____for a period of Two Years and bearing interest as applicable, and the relative Bank receipt is attached. If she/he faithfully serves TCS in accordance with the terms of this agreement TCS shall refund the deposit amount of Rs. 50,000/- (Rupees Fifty Thousand only) with interest thereon to him/her.

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serves TCS in accordance with the terms of this agreement TCS shall refund the deposit amount of Rs. 50,000/- (Rupees Fifty Thousand only) with interest thereon to him/her.

4. By way of guarantee for due performance of all terms and conditions contained in this agreement, Mr./Ms._YOUR FULL NAME_ provide herein below the name of his/her near relative / person in order of preference and who have consented by signing herein below to stand as Surety on his/her behalf to ensure compliance of the aforesaid covenant, and that in the event of failure/neglect by Mr./Ms._YOUR FULL NAME_ to fulfill any of the terms of this undertaking of which TCS shall be the sole judge the Surety shall be liable to pay TCS Rs. 50,000/- (Rupees Fifty Thousand only) as compensation with interest thereon as applicable and the Surety hereby agree, confirm and accept that the Surety shall be liable jointly and severally with Mr./Ms._YOUR FULL NAME_ to pay the same to TCS.
Name Address Occupation [(OF UR SURETY ONLY)]
____________________ __________________ _______________
____________________ __________________ _______________
____________________ __________________ _______________
____________________ __________________ _______________
5. In the event of any dispute or disagreement over the interpretation of any of the terms herein above contained or any claim of liability of any part including the Surety the same shall be referred to a person to be nominated by TCS whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to a submission to arbitration under The Arbitration and Conciliation Act, 1996 or of any modification or re-enactment thereof. The venue of arbitration shall be Mumbai.

6. During the period of 2(two) years from the date of joining , if Mr./Ms._YOUR FULL NAME_ leaves/resigns/ abandons the services or violates the terms of this Agreement, Mr./Ms._YOUR FULL NAME_ will have to pay liquidated damages amounting to Rs. 50,000/- (Rupees Fifty Thousand only) and give one calendar month’s written notice or salary in lieu thereof.

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Mr._YOUR FULL NAME_agrees that the said amount of Rs. 50,000/- can be recovered / adjusted by TCS from the legal dues, if any, payable to him. On being absorbed as an Employee of TCS, after completion of the said Training period, TCS would be entitled to terminate the services of the Employee with one calendar month’s written notice during the tenure of service agreement. The provisions stated herein for breach by Mr./Ms._YOUR FULL NAME_of the provisions of this agreement shall be without prejudice to other remedies available to TCS.
ADDRESS FOR THE PURPOSE OF SERVICE:
7. All communications between Mr./Ms._YOUR FULL NAME_or TCS and Surety shall be deemed to have effectively served if addressed to the following address :

TCS (TATA CONSULTANCY SERVICES LIMITED) at:
TCS House, Corner of Hazarimal Somani Marg & Raveline Street, Near Sterling Cinema, Fort, Mumbai 400 001
(Dr. / Mr. / Miss/ Mrs.) ._YOUR FULL NAME_
at) YOUR ADDRESS WHERE U WANT ALL COMMUNICATION TO REACH
Surety (Dr. / Mr. / Miss/ Mrs.) YOUR SURETY NAME,LEAVE BLANK IF U PAY 50,000
at)_YOUR SURETY ADDRESS, LEAVE BLANK IF U PAY 50,000_
Any change in the above addresses of any of the concerned parties i.e. TCS, Mr./Ms._YOUR FULL NAME_or Surety, shall be intimated to the other parties by the party whose address has changed within a period of seven days of such change.
If no such change has been intimated or received, the addresses mentioned above shall be deemed to be the addresses of the concerned parties.

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As a token of his/her consent, he/she has signed this agreement as Surety:(SIGN OF SURETY)

Dated this_DATE OF WHENEVER SIGNED_
Signed and delivered by Mr./MsYOUR FULL NAME )
YOUR SIGN )
)
Accepted for and behalf )
of TATA CONSULTANCY SERVICES LIMITED )
by their Constituted Attorney )
YOUR SURETY NEEDS TO SIGN ON EVERY PAGE AT THE BOTTOM ALSO.

Undertaking/Affidavit

Whereas I, _FULL NAME_ , an adult Indian Inhabitant, residing at _ADDRESS_ have been selected by Tata Consultancy Services Ltd. (“TCS”), , for employment as _ASSISTANT SYSTEMS ENGINEER (T)., vide Offer Letter dated _DATE ON YOUR OFFER LETTER_, subject to the terms and conditions mentioned therein and subsequent acceptance of the offer letter by me and the submission of the BGC documents to TCS.
And whereas since there has been a time gap after completion of my UG/PG degree course and the date of joining TCSL. TCSL has called upon me to give the following undertaking as part of Background Check Process, which I hereby do:
I HEREBY GIVE THE FOLLOWING UNDERTAKING:
for point 3 you need to print only the first part if u were not employed anywhere OR only the second part if u were employed
3. .That I was not employed gainfully and / or honorary in any Organization, including Private / Public / Government / Educational Institution etc., prior to joining TCS.
OR
3. That I was employed gainfully and / or honorary with _name of prior company_., prior to joining TCS. The particulars of my employment and reasons for leaving are as follows. …reason for leaving…. The formal release letter from my said employer is attached hereto.
IN WITNESS WHEREOF, I have put my signature on this undertaking on this _day in words_ day of ………………., 2009.
Signature of the Candidate: _YOUR SIGN_
Name of the Candidate: _YOUR FULL NAME_
TCS Offer Reference No : _REF NO GIVEN ON UR OFFER LETTER_
Place:
Date:
1. Witness:
Signature of the Witness:
Name: Address:
Place:Date:

THE REST OF THE UNDERTAKING HAS TO BE PRINTED AS IT IS. THIS HAS TO BE DONE ON A 100 RS STAMP PAPER AND NEEDS TO BE NOTARIZED. U MAY USE TWO 50 RS PAPERS IF ONE 100 RS PAPER IS NOT AVAILABLE.
U DONT NEED ANY OTHER AFFIDAVIT FOR NO CRIMINAL OFFENSE OR CASE PENDING IN UNIVERSITY.
If u leave TCS while breaking the bond, u need to pay them 50,000 (which either u already gave in form of FD or ur surety will pay) along with ur basic salary, of 1 month.

Queries:

And is it necessary to pay up Rs. 50,000 while joining in terms of FD or whatever?
If u provide a surety, then no. Otherwise u need to submit an FD which will be returned to u on successful completion of the bond.
Can TCS take any legal action against me, if I didn pay them the bond amount? (i doubt this one, as I think bonded labor is illegal in India)
Honestly, I dont know
in witness of se date tak ka is on page 14...
we need to get dat on stamp???
service agrrement mein toh its juus pg 7 on stamp na???
u need to get the first page (as much as fits) on the stamp paper, rest on a blank sheet, which u can attach and then get notarized.
bunny
we hv to get the copies of each and every document involved, bt it's not written from where to attest.. So instead can i get it attested from a gazetted officer?? (N save on some green!!)
yeah u can.

D
in that annexture only the first page that means page no 7 hv 2 be print on a 100 rs stamp paper na???
crimnal+univ case hv 2 b notarized(as they mentationed)
then why we notarised this thing(as shubham mentationed in this thread)???
boss, this undertaking/affidavit is the criminal + univ case. u need to get this notarized.


Hi, i don't have my PAN card yet, i just got my PAN card number today. Is it mandatory to have PAN card on the joining date(23rd Nov) itself ,because 'll get it by next wk..
u can make do with the pan card acknowledgment or number which u have with u for now, but make sure u get it at the earliest, coz otherwise u wont b given ur salary slip.

It shud be typed on a stamp paper?
yes

I have got printed both 3 no. points on stamp paper is there any problem
no.

shud v do attestation 4 service agreement??? unknowingly i hav done attestation for service agreement...will it b a problem??
its ok, dusnt matter.

3. That I was employed gainfully and / or honorary with _name of prior company_., prior to joining TCS. The particulars of my employment and reasons for leaving are as follows. …reason for leaving…. The formal release letter from my said employer is attached hereto.
The particulars of my employment---Means what???
u just need to attach a release letter (also called no objection certificate) from ur previous employer.

I wrote ASE(T) in the post section. will it work??
yes

By when do we have to get this done??
u can have it done whenever u want, before your joining.

if we are choosing to deposit an FD of 50k, should we fill the surety agreement pages of the service agreement (i.e. clause 4 onwards)?
No u dont have to fill in the surety thing n no surety verification is required.
As per the annexure, the FD has to be assigned to TCS or lien noted in favour of TCS. This is nearly verbatim.
Requesting joined people to throw more light on this.

our ref no in affidavt is our CT number?
Yes.

Can v take the print-outs of these docs nd then fill n d blanks with pen???
Yes.

in page 6 & page 14 of joinin anexure what date/place is to be filled???
It has to be the place n date where n when u sign the affidavit/documents. It dusnt matter so much.

My affidavit doesnt fit in a single stamp paper. Help!
Please print as much as u can on the stamp paper, the rest on a blank sheet n attach it.

Do we need this attested?
Yes.

how much space required at the end of page for signature n all?? Will the tcs people sign there??
check page 14 of the annexure .. all signatures r required there (candidate .. witness etc) tcs does not sign on the affidavit anywhere

Can me and my riend have the same person as surety ?
yes

What is the vide offer letter date?
12 September 2009

Should the witnesses sign in front of the notary.. or we can get the signatures before hand?
I guess getting them beforehand should not be a problem, but plz confirm from ur notary

I am doing a part time job till i get doj for tcs. Will i need to mention that in this Affidavit.?
Obviously.

Can the surety be one of the witnesses in the Undertaking?
I think that shudnt be a problem, but just get another neighbour to be the surety.

BIPRA said...

i have got my service agreement notarise...is there any problem?

Anonymous said...

ya..just throw it away...its of no use...ha..ha..

Anonymous said...
August 7, 2010 11:29 PM @bipara
no problem even if it is notarised

Anonymous said...
August 11, 2010 8:24 AM franking will do? or compulsory on stamp paper?

Anonymous said...
August 14, 2010 11:59 AM compulsary on stamp paper

jan said...
August 28, 2010 2:56 AM This post has been removed by the author.

jan said...
August 28, 2010 3:00 AM i hav taken print out n filled it up(jus lik a way old steno wud do :z) Is der any problem? Compulsory tat i need to edit n take a pucka copy without any ink on it?

Anonymous said...
September 15, 2010 4:49 AM hiii....i think we all kno dat upto 1.6 lacs per annum salary range we do not need 2 pay Income Tax...now my elder brother whose yearly sal is around 1.8 (lacs)is standing surety for me.He fills up form-16 and is a pan card holder...but as he has invested money in sum govt tax saving schemes to save tax he doesn't hav to pay a penny as Income Tax..But in the joining annexure it is written the surety must be an Income tax payee..so my ques is can he stand surety for me???(as he saves all his tax so i'm confused)....would his saving all the tax be an obstacle in his standing surety for me though he falls in the sal range for paying Income Tax??

Anonymous said...
September 15, 2010 10:15 AM @above
ya he can be ur surity..no need of paying tax..his it returns form is enough

java said...
October 1, 2010 8:26 PM In service aggrement first page,

First Part and _____1______ an Indian Inhabitant, residing at __________ and having permanent address at ________ (hereinafter referred to as ______2______)

my full name is renduchintala lalitha..
how to fill those 2 blanks mam? In 1st blank I will write full name. where as in 2nd shall i write R.Lalitha?

Anonymous said...
October 3, 2010 11:07 AM writing full name is better than writing a short form..so that no one can point u further..

java said...
October 5, 2010 11:15 PM Im surety verification whose name should we write in my permanent address...
NAME:_____________(surety or our name)
ADDRESS:_________

Anonymous said...
October 6, 2010 10:51 AM @above
it is name of surity

Anonymous said...
October 7, 2010 8:38 PM Ram:
Is it must that a surety must have paid some IT?Its it enough if he files the FORM 16 which shows NIL income tax? Only candidates eligible for IT can file Form 16 na?

Anonymous said...
October 8, 2010 11:27 AM @above
ya he can be your surety..no problem

Anonymous said...
October 8, 2010 9:04 PM hey i missed footer 'TCS CONFIDENTIAL' will it be a problem? is there any solution?

Anonymous said...
October 9, 2010 9:05 PM @above
not at all a problem..

Anonymous said...
October 12, 2010 7:04 PM I have filled up the form for getting my stamp paper. In that I filled the "purchased by" as my name and "in the name of" also as my name.
On the stamp paper, I got like this : purchased by - my name and address & for - my name and address.
Is there any problem?

Anonymous said...
October 13, 2010 8:55 AM @above
no problem..

Anonymous said...
October 20, 2010 8:12 AM I bought 2 Rs. 50 stamp papers so can i take the first page of service agreement on 1 Rs. 50 stamp paper and half of 2nd page on other Rs.50 stamp paper?

Or should I split the first page itself and take on 2 Rs. 50 stamp papers?

Hrishav said...
October 22, 2010 2:25 AM @above
no restrictions in terms of page count....only print on the front pages of the stamp ppr...n rest data[dat doent fits on stamp ppr] can b printed on simple sheet

Anonymous said...
October 22, 2010 11:36 AM @above
you are right no restrictions on page count
take the first page of service agreement on 1 Rs. 50 stamp paper and half of 2nd page on other Rs.50 stamp paper

Prashant said...
November 19, 2010 3:41 AM Are the blanks to be edited before printing aur they can be filled later on with pen?

Anonymous said...
November 19, 2010 10:35 AM @above
u can do any of the both..no problem..

Anonymous said...
November 22, 2010 8:39 AM I planned to deposit 50000 as alternative for surety. But the bank people demands more info on how to open FD assigned to TCS. (They are asking some acc details etc... of TCS) What should i do?

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