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Employee Retainer Agreement Template for India

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Key Requirements PROMPT example:

Employee Retainer Agreement

"I need an Employee Retainer Agreement for a senior software consultant based in Bangalore, who will work remotely for 20 hours per week starting March 1, 2025, with special emphasis on intellectual property protection and the ability to work with multiple clients."

Document background
The Employee Retainer Agreement is designed for situations where companies in India seek to establish long-term professional relationships with individuals while maintaining flexibility in engagement terms. This document is particularly relevant when organizations require consistent access to professional services but prefer a retainer arrangement over traditional full-time employment. The agreement ensures compliance with Indian employment laws while covering critical aspects such as service scope, compensation, intellectual property rights, and confidentiality. It's commonly used for consultants, advisors, and specialized professionals who provide regular services but may serve multiple clients. The Employee Retainer Agreement differs from standard employment contracts by focusing on retained availability and specific deliverables rather than traditional employment terms.
Suggested Sections

1. Parties: Identifies and defines the employer and employee with their full legal names, addresses, and other relevant contact details

2. Background: Explains the context of the retainer arrangement and the parties' intention to enter into this agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and precise interpretation

4. Scope of Services: Details the specific services, roles, and responsibilities the employee will provide under the retainer arrangement

5. Term and Engagement: Specifies the duration of the agreement, including start date, term length, and any renewal provisions

6. Retainer Fee and Payment Terms: Outlines the compensation structure, payment schedule, and any variable components of remuneration

7. Working Hours and Availability: Specifies expected working hours, minimum availability requirements, and scheduling arrangements

8. Confidentiality: Details obligations regarding confidential information, trade secrets, and client data protection

9. Intellectual Property Rights: Establishes ownership of work product and intellectual property created during the engagement

10. Non-Competition and Non-Solicitation: Outlines restrictions on competitive activities and client/employee solicitation during and after the engagement

11. Termination: Specifies conditions and procedures for terminating the agreement by either party

12. General Provisions: Includes standard clauses like governing law, notices, amendments, and dispute resolution

Optional Sections

1. Employee Benefits: Include when offering specific benefits like health insurance, provident fund, or other perks beyond the basic retainer fee

2. Travel and Expenses: Include when the role requires travel or reimbursable expenses

3. Performance Metrics: Include when specific performance targets or KPIs are part of the arrangement

4. Remote Work Provisions: Include when the employee will work remotely, partially or fully

5. Training and Development: Include when specific training requirements or professional development opportunities are part of the arrangement

6. Client Interaction Guidelines: Include when the role involves direct client contact or representation

7. Equipment and Resources: Include when the employer provides specific tools, equipment, or resources for work

8. Compliance with Specific Industry Regulations: Include when the role is in a regulated industry requiring specific compliance measures

Suggested Schedules

1. Schedule A - Compensation Details: Detailed breakdown of retainer fee, payment structure, and any variable components

2. Schedule B - Service Level Requirements: Specific metrics, deliverables, and quality standards expected from the employee

3. Schedule C - Approved External Activities: List of pre-approved external professional activities or commitments

4. Schedule D - Company Policies: Key company policies that form part of the agreement

5. Appendix 1 - Confidential Information: Detailed list of what constitutes confidential information

6. Appendix 2 - Benefits Package: Detailed description of any benefits provided under the agreement

7. Appendix 3 - Reporting Structure: Organization chart or reporting hierarchy relevant to the position

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses




































Relevant Industries

Information Technology

Professional Services

Management Consulting

Legal Services

Financial Services

Healthcare

Education

Media and Entertainment

Engineering Services

Real Estate

Architecture

Research and Development

Business Process Outsourcing

Digital Marketing

Creative Industries

Relevant Teams

Human Resources

Legal

Finance

Operations

Project Management Office

Research and Development

Strategic Planning

Corporate Affairs

Business Development

Training and Development

Relevant Roles

Consultant

Legal Advisor

Technical Specialist

Management Advisor

Financial Analyst

Creative Director

Project Manager

Research Specialist

Strategic Advisor

Technical Architect

Subject Matter Expert

Business Analyst

Marketing Consultant

Professional Trainer

Executive Coach

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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