Retainership Agreement Labour Law

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RETAINERSHIP AGREEMENT

1. THIS AGREEMENT is made at New Delhi this _______________ between M.S.


CONSULTANTS, having its Corporate office at D-12, LGF Lajpat Nagar III,
New Delhi 110024 hereinafter referred to as "First Party" and ____________
having its registered/corporate office at ____________ hereinafter referred to as
“Second Party”.

WHEREAS Firsty Party M.S. CONSULTANTS is a leading consulting firm for


LABOUR & INDUSTRIAL LAWS AND CORPORATE MATTERS including ESI,
PF, Payroll Processing, Factories Act, Minimum Wages Act, Contract Labour Act,
Bonus Act, Gratuity Act etc. Corporate Matters. end-to-end services and Logistic
support providing cost sensitive, high quality and on-time delivery, to ensure
compliances under Labour Laws and related Industrial laws as required.

AND WHEREAS the First Party has offered to the second party to act for

them as Consultants and Advisors and the second party has agreed to the

said appointment on the monthly retainership basis;

AND WHEREAS both the parties hereto have agreed to record the terms

and conditions of the said RETAINERSHIP;


Now, therefore, in consideration of the promises, covenants and

undertakings herein contained, the parties to this Retainership agree as follows,

Consultant Service includes:

❖ Toning up and Setting up strategic regulatory compliance framework


❖ Licensing and Registrations under various Labour and other laws
❖ Periodic Due Diligence and Audit of statutory compliance system
❖ Payroll Processing & Statutory Compliance. On receipt of data from
company, processing the same at our fully computerized payroll package and
generate payroll register, statutory returns and reports as desired by the
company.
❖ Calculation of periodical liability & preparation of Payment of Challans.
❖ Documentations, maintenance of Records & Statutory Registers
❖ Preparation and Submission of periodical Statutory Returns And Reports.
❖ Industrial Relations issues including standing orders, disciplinary
action/domestic enquiry, negotitations with unions on wages/bonus act etc.
Industrrial Relations Advisory services and Representations before statutory
authoritites labour court, tribunal etc
❖ Correspondence and Compliance with officials whenever required
❖ Social Secutiry Audit – Evaluation, analysis and assessment of social
security compliance program in an environment of continually changing
needs and emerging scenario to ensure 100% legally compliant entity
followed by comprehensive audit report and gap analysis
❖ Attend periodic Statutory inspections held by the officials
❖ Service tac compliance system
❖ Corporate and business restructuring with proper compliance

AND other allied corporate and labour laws related services under various laws
including

The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952

The Employees’ State Insurance Act, 1948

The Profession Tax Act

The Industrial Disputes Act, 1947

The Minimum Wages Act, 1948

The Labour Welfare Fund Act,

The Contract Labour (Regulations & Abolition) Act, 1970

The Shops & Establishments Act,

The Payment of Bonus Act, 1965,

The Payment of Gratuity Act, 1972,

The Maternity Benefit Act, 1961 ;

The Payment of Wages Act, 1936,

The Equal Remuneration Act, 1976,

The Trade Union Act,

Arbitration & Conciliation Act, 1996


2. The Second party shall pay to the Firs Party Retainership fee of Rs. xxx per
month. The said fee will be in lieu of all professional services including all
other administrative expenses such as office expenses of the First Party but
will not include any out-of-pocket expenses and costs incurred in relation to
the special assignments apart from regular services as assigned.
3. The Retainership fee Rs. ____________ shall be applicable for 12 months
from the effective date of the said Retainership. Before expiry of the said
retainership, the parties shall be at liberty to extent the agreement of
retainership with the revised rate of retainership
4. The above mentioned retainership fee is based on the assumption that there
will be no material change in scope. In the event of any material deviation in
the foregoing assumption the parties hereto agree to re-assess and mutually
revise the fee quote in writing, if any.
5. The Second Party shall pay the retainership fee to the first party on or before
10th day of each calendar month,
6. The scope of above services would include any regulatory compliance (such
as filings, representations and liaison etc. with statutory authorities etc), or
providing substantive legal opinions or memoranda on specific legal issue.
7. This agreement will extend to provide legal opinion on
civil/criminal/arbitration etc. arising out of any transaction pertaining to the
second part or otherwise entrusted to the First Party. If any such matter(s) of
litigation or any legal proceedings in a court of law or arbitrator are entrusted
to them the First Party shall charge fees according to usual practice
8. The first party shall maintain full secrecy in fulfillment of essential
requirements of professional conduct and propriety and shall not disclose any
confidential matter or communication between the party of the second part
and themselves to anybody else.
9. This Agreement may be terminated by either party hereto by giving one-
month prior notice without assigning any reason and on the expiry of the said
period from the receipt of the notice this agreement shall automatically stand
terminated except in respect of matters which are already entrusted to the
second part and which have not been completed
10. The effective date of commencement of the present retainership is
_____________

In Witness whereof, in present of the following witness,


parties hereto have put their respective hands on this
agreement of Retainership on the ______________

WITNESS

First Party

Second Party

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