EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into on 29-04-2024 the
"Agreement Date") at Lalitpur, Nepal.
BETWEEN
Sampurna Giri, a Nepali citizen bearing Citizenship No. 22-01-75-00980, permanent resident of
Tamakoshi Ward No.-3, Dolakha District, Nepal (the "Employee");
AND
KRISH INNOVATIONS GLOBAL PVT. LTD, a private company incorporated and registered under the
Companies Act 2063 (2006) having its registered office at Lalitpur Metropolitan city, Ward no. 03 (the
"KRISH INNOVATIONS GLOBAL" or "Company").
Each of the Employee and the Company is hereinafter individually referred to as the "Party" and
collectively as the "Parties".
RECITALS
HAVING TAKEN INTO CONSIDERATION THE FOLLOWING:
(A) KRISH INNOVATIONS GLOBAL is a private company based in Lalitpur, Nepal offering innovative
tech solutions, expert consultation services to businesses seeking to optimize their digital
strategies and technological infrastructure. Our dedicated team of professionals works closely
with clients to understand their unique needs and challenges, offering tailored solutions to drive
growth and success. The Company is committed to developing cutting-edge in-house projects
spanning various tech domains through Design, Development, and selling software, Hosting, and
other IT related services.
(B) Employees had applied for the job position in the Company. After completing all the regulatory
compliance, the Company decided to hire the Employee as an employee of the Company.
(C) The Parties intend to comply and abide with all the employment terms and conditions set forth in
this Agreement in good faith.
In consideration of the mutual covenants, terms and conditions, and understandings set forth in this
Agreement and other good and valuable considerations (the receipt and adequacy of which are hereby
mutually acknowledged), the Parties with an intent to be legally bound hereby agree as follows:
1. INTERPRETATION
1.1 “AGREEMENT” includes the recitals and annexures to this Employment Agreement and any
amendments made to this Agreement by the Parties in writing.
1.2 “CONFIDENTIAL INFORMATION” means all and any information (whether or not recorded in
documentary form or on computer disk or tape) of the Company, or any of its customers,
suppliers, dealers, and sub-dealers which the Company regards as confidential and which may
include, but is not limited technical, financial and business information or in respect of which it
owes an obligation of confidentiality to a third party;
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1.3 “EMPLOYEE” refers to anyone who was or is employed by the Company during the last 12
months of his employment with the Company;
1.4 “GOVERNING LAW” means any statute, law, regulation, ordinance, rule, judgment, notification,
order, decree, by law, permit, license, approval, consent, authorization, government approval,
directives, guidelines, requirements or any other governmental restrictions or any similar form of
decision of, or determination by, or any interpretation, policy or administration, having the force of
law of any of the foregoing, by any authority having jurisdiction over the matter in question,
whether in effect as of the Effective Date or thereafter;
1.5 “TERMINATION DATE” means the date on which the employment ceases;
1.6 “EFFECTIVE DATE” shall mean being the date of appointment of the Employee of the
Company.
2. PROBATION
2.1 The Employee shall be obligated to complete the probationary period of the first 3 months. The
first three months of the employee’s employment shall be on probation. During this period, the
employer may terminate the employment, without notice. Before the end of the probationary
period, the employer shall evaluate the employee's performance and decide whether or not to
confirm the appointment. The probation period may be extended and the same will be duly
intimated to the Employee in writing.
2.2 Notwithstanding anything contrary contained in this Agreement, the Employee agrees that the title
and all the benefits mentioned in this Agreement shall only be provided to the Employee after the
completion of the probationary period which shall be to the satisfaction of the Company, except
otherwise warranted by the prevailing laws of Nepal.
2.3 In the event that the Employee fails to provide qualitative output during the probationary period,
the Company may terminate this Agreement without any advance notice.
2.4 The Parties agree that the provision mentioned under Section 3 and Section 6 shall be
implemented only after the successful completion of the probationary period.
3. EMPLOYMENT AND TITLE
3.1 Employment is contingent upon:
3.1.1 Submission of proof of identification within 2 days from signing of this Agreement
3.1.2 Submission of proof of identification within 2 days from signing of this Agreement.
3.1.3 Satisfactory reference - and background check done by the Company.
3.1.4 Continued work authorization, if applicable/ acquiring of work permit (applicable for
foreign employees only).
3.1.5 Satisfactory job performance, attendance and conduct.
3.1.6 Compliance with KRISH INNOVATIONS GLOBAL internal policies.
3.1.7 If the Employee is unable to carry on with the employment due to occurrence of any of
the following:
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(A) physical or mental disability
(B) injury, or
(C) long period of medical treatment affecting the activities of KRISH INNOVATIONS
GLOBAL.
3.1.8 Availability of funds for the Employee’s position and the operational need for the
Employee’s role or if for any reason KRISH INNOVATIONS GLOBAL is to be closed
partially or completely.
3.1.9 KRISH INNOVATIONS GLOBAL’s ability to maintain safe and effective country
operations.
3.2 Subject to provision of this Agreement, the term of employment shall be from the Agreement Date
until the Termination of this Agreement by either of the Parties pursuant to Section 9.
3.3 The Employee shall be eligible for all such employment benefits available under the prevailing
laws of Nepal from the first day of admission into the Company.
4. DUTIES AND OBLIGATION OF THE EMPLOYEE
4.1 The following shall be the obligation of the Employee, in addition to and not in derogation of its
obligations elsewhere set out in this Agreement:
4.1.1 The Employee shall provide 6 days a week of his/her 8 hours per day starting from 10:00
am to 6:00pm as his/her working hours to complete and deliver the works assigned by
the Company. Provided that, in the above-mentioned time, the Employee shall have 1
hour of lunch break in each working day.
4.1.2 The Company shall assign the duties to the Employee and the Employee shall comply
with the instruction of the Company to complete the given duty. The Employee shall
ensure that the work assigned shall be completed in accordance with the instruction and
within the time frame provided by the Company.
4.1.3 Except if otherwise notified or permitted by the Company, the Employee shall work in the
office space or at such other address as specified by the Company.
4.1.4 Except otherwise notified or permitted by the Company, the Employee shall not make
direct contact or negotiation with the investors and the founders.
4.1.5 Employees shall not engage in employment with any other entity for the purpose of
developing, supporting, or participating in the same product or project as outlined by the
Company.
4.1.6 Employees are strictly prohibited from engaging in employment with any other entity for
the purpose of developing, supporting, or participating in the same product or project as
outlined in this contract. Any form of direct engagement or negotiation with the founder, in
the absence of the employing company, is expressly prohibited. Violation of this provision
shall constitute a breach of contract under Nepalese law and may result in legal action
and/or termination of employment.
4.1.7 Non-Circumvention and Non-Solicitation
The Employee agrees that during the term of this Agreement and for a period of 5 years
following the termination of this Agreement, the Employee will not, directly or indirectly,
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solicit or deal with any customer, supplier, dealer or sub-dealer of the Company for the
purpose of providing any services or products that are competitive with the Services or
Products of the Company.
4.1.8 Confidentiality, The Employee agrees to hold in strict confidence all Confidential
Information of the Company and not to disclose any such Confidential Information to any
third party without the prior written consent of the Company.
4.2 If in any event the duties and obligations of the Employee are to be amended during the term of
this Agreement, the Employee shall be notified by the Company. Provided that such amendment
shall be at the sole discretion of the Company.
5. OBLIGATION OF THE COMPANY
5.1 During the term of this Agreement, the Company shall use its reasonable endeavors to perform
the following obligations:
5.1.1 The Company shall provide office space and office equipment reasonably required for the
performance of the work assigned to the Employee.
5.1.2 The Company shall provide an environment free of harassment, discrimination (sexual or
otherwise) as part of the conditions of employment; and
5.1.3 The Company shall comply with all such statutory obligations pursuant to the
employment of the Employee.
6. REMUNERATION
6.1 The Company shall pay a monthly salary of 15,000 FIFTEEN THOUSAND NEPALI RUPEES.
6.2 The remuneration of the Employee shall be provided on a monthly basis at the 7th of each month
of the English Calendar.
6.3 The remuneration of the Employee shall be reviewed on an annual basis. The increment shall
depend on [the progress and the enhancement in the quality of the work delivered by the
Employee and enhancement of qualification of the Employee. Provided that the review and
increment of the remuneration and progress of the Employee shall be at the sole discretion of the
Company.
6.4 The remuneration means [gross] base pay before deduction, i.e., income tax, provident fund,
gratuity, other contributions for social security, insurance, and any similar statutory deductions, as
required under Labor Act, 2074 (2017) or other relevant laws and agreed upon between KRISH
INNOVATIONS GLOBAL and the Employee.
7. LEAVE
7.1 The Employee shall be entitled to receive the public holidays as ascribed by the concerned
government authority of Nepal. Provided that, except otherwise provided by the concerned
government authority, the Company shall have the authority to provide any further public holiday.
7.2 The Employee shall be entitled to receive other leaves as described in the Labor Act, 2074, and
the Company’s Human Resources Policy (if any).
7.3 Taking leave days by the Employee shall be subject to appropriate management approvals, as
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per the Company’s policies.
8. NON-DISCLOSURE AND CONFIDENTIALITY
8.1 All Confidential Information provided by the Company or received during the work(s), the
Employee shall be held in strict confidence and shall not be disclosed (by failure to exercise due
care or otherwise by any act or omission) to any third party without obtaining the prior written
consent of the Company.
8.2 Upon the Termination of this Agreement, the Employee shall promptly deliver, without retaining
any copies of all the information, communications, assets, and documents received in the
Employee’s capacity during the employment period relating to the Employee’s official duties, and
the Company’s business or operations. The Employee shall no longer be able to use any of the
assets, information, name, seal, or any property of the Company.
8.3 This Section 8 shall be effective on the Agreement Date and shall continue for a period 5 years
after the Termination of this Agreement.
8.4 The Employee understands that if he/she fails to comply with any of the above-mentioned
undertakings whether intentionally or not, it may be regarded as a breach of this Agreement and
the Company may take necessary actions against the Employee, including but not limited to legal
actions.
9. TERMINATION
9.1 The Agreement shall automatically terminate, without providing any advance notice:
9.1.1 Upon material breach of this Agreement by the Employee, provided that if such breach is
not remedied within 15 (fifteen) working days.
9.1.2 If any action of the Employee is unethical or sanctionable under the prevailing laws of
Nepal; or
9.1.3 If the Parties wish to terminate this Agreement with mutual consultation.
9.1.4 If the Employee gets engaged in employment with any other entity for the purpose of
developing, supporting, or participating in the same product or project as of the
Company.
9.2 In any event that the Employee wishes to terminate this Agreement, due to any reason, the
Employee shall provide 30 (thirty) days prior notice to the Company.
9.3 Except for Termination of this Agreement by the Company due to misconduct or any default of
the Employee, the Company shall provide 10(ten) days prior notice to the Employee regarding
the Termination.
9.4 The Parties agree that if this Agreement is terminated due to misconduct or negligence of the
Employee then the Company will not the liable to pay any compensation to the Employee for the
Termination and if in any case such act of the Employee causes monetary or irreplaceable
damage(s) then the Employee shall be complied to pay such compensation of the damage(s).
9.5 The rights and obligations of the Parties under this Agreement, which either expressly or by their
nature survive the Termination of this Agreement, shall not be extinguished by Termination of this
Agreement.
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10. INTELLECTUAL PROPERTY
10.1 In relation to every improvement, invention, or discovery that relates either directly or indirectly to
the business of the Company which the Employee (jointly or alone) makes at any time during the
employment, the Employee shall:
10.1.1 Promptly disclose full details, including any documents, formulas, packaging, or other
embodiments of the Company’s invention.
10.1.2 Retain any invention made by the Company in trust for the Company and, at its expense
and request, take all necessary or desirable steps to allow the Company or its designee
to use the invention for commercial gain and to obtain a patent or other suitable forms of
protection for it globally. The Company alone has the last say over whether to patent it or
use any inventions it produces.
10.1.3 With regard to each copyrighted work, database, or design that the Employee (together
or individually) invents, conceives, composes, or makes at any point during the duration
of employment and that has any bearing on the Company’s operation directly or
indirectly.
10.1.4 With respect to the extent that the Employee now or shall subsequently own such rights,
the Employee hereby assigns to the Company all copyright, database, design and other
proprietary rights (if any) in the Company throughout the world, including the right to
register any such rights at the Company’s sole discretion.
10.1.5 The Employee hereby irrevocably and unconditionally waives in favor of the Company
any moral rights conferred in Chapter 2 of the Copyright Act 2059(2002) about any such
work of the Company.
10.1.6 The Employee agrees that all intellectual property rights arising out of or relating to the
Services provided by the Employee under this Agreement shall be the sole and exclusive
property of the Company. The Employee hereby assigns to the Company all rights, title
and interest in and to such intellectual property rights.
11. GOVERNING LAWS
This Agreement will be governed by and construed in accordance with the prevailing laws of
Nepal.
12. Ministry of Foreign Affairs Collaboration
To ensure compliance with intellectual property regulations and prevent infringement, this
Agreement mandates close collaboration with the Ministry of Foreign Affairs in Nepal. This
collaboration is necessary to prevent the unauthorized export of intellectual property from Nepal.
13. DISPUTE
Any disputes or disagreement arising out or in connection to this Agreement shall be resolved
through mutual consultation. If the dispute is not settled through mutual consultation, then such
dispute shall be referred to the relevant courts of Nepal. Any dispute arising out of or relating to
this Agreement shall be settled by arbitration in accordance with the rules of the Nepal Arbitration
Association. The arbitration shall be conducted in English and the seat of the arbitration shall be
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Kathmandu, Nepal.
14. NO THIRD PARTIES
This Agreement is intended solely for the benefit of the Parties and nothing in this Agreement
shall be construed to create any duty to, standard of care with reference to, or any liability to, or
confer any right of suit or action on any person who is not a Party to this Agreement.
15. SEVERABILITY
If any court or competent authority finds that any provision of this Agreement (or part of any
provision) is invalid, illegal, unenforceable or against public policy, that provision or part-provision
shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the
other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal
provision of this Agreement would be valid, enforceable, and legal if some part of it were deleted,
the provision shall apply with the minimum modification necessary to make it legal, valid and
enforceable, and, to the greatest extent possible, achieves the Parties' original commercial
intention.
16. LANGUAGE
This Agreement is drafted in the English language. If this Agreement is translated into any other
language, the English language text shall prevail.
17. NO OTHER AGREEMENT
This Agreement constitutes the entire agreement among the Parties, and there are no other
understandings or agreements, written or oral, among them on the subject.
18. VALIDITY
This Agreement is valid and enforceable in Nepal, India, the United Kingdom, Ireland, US and the
United Arab Emirates.
IN WITNESS WHEREOF, the Parties have entered into this Agreement on the date stated at the
beginning of it acting through their duly authorized representatives.
Signed for and on behalf of EMPLOYEE
KRISH INNOVATIONS GLOBAL PVT.LTD Name: Sampurna Giri
Title: UI-UX Designer Intern
Date: 1-05-2024
Name: Nirajan Bajracharya Shakya
Title: Chief Financial Officer
Date: 1-05-2024
Signature: ______________________
Signature: ______________________
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