Dear all,
Is there any difference between the agreements written between companies and between company and person in the case of consultants?
Specially the clause
Assignment
The Services to be performed by the consultant hereunder are personal in nature, and Company has engaged Consultant as a result of Consultant’s expertise relating to such Services. Consultant, therefore, agrees that it will not assign, sell, transfer, delegate or otherwise dispose of this Agreement or any right, duty or obligation under this Agreement without the Company’s prior written consent. Nothing in this Agreement shall prevent the assignment by the Company of this Agreement or any right, duty or obligation hereunder to any third party.
Looking forward to your suggestion.
From India, Kochi
10Is there any difference between the agreements written between companies and between company and person in the case of consultants?
Specially the clause
Assignment
The Services to be performed by the consultant hereunder are personal in nature, and Company has engaged Consultant as a result of Consultant’s expertise relating to such Services. Consultant, therefore, agrees that it will not assign, sell, transfer, delegate or otherwise dispose of this Agreement or any right, duty or obligation under this Agreement without the Company’s prior written consent. Nothing in this Agreement shall prevent the assignment by the Company of this Agreement or any right, duty or obligation hereunder to any third party.
Looking forward to your suggestion.
From India, Kochi
Hi,
If the Consultant is going offer Consultancy for a longer period with renewal of contract at specific intervals and if the Consultant is devoting his full time for the Company then there are probabilities that consultant could be deemed to be an employee of the company and the question of non-payment of statutory part like PF /leave may arise. Even the Consultant can claim for employment rights in future. Whereas Agreement entered between two companies will be totally different.
From India, Madras
If the Consultant is going offer Consultancy for a longer period with renewal of contract at specific intervals and if the Consultant is devoting his full time for the Company then there are probabilities that consultant could be deemed to be an employee of the company and the question of non-payment of statutory part like PF /leave may arise. Even the Consultant can claim for employment rights in future. Whereas Agreement entered between two companies will be totally different.
From India, Madras
Agreement between companies and with a Consultant are basically same, the major difference is that the company has the freedom to decide who is to execute the work while Consultant is hired for specific talent or skill and the agreed assignment(s) cannot be sub-delegated.
The draft clause serves the purpose. A suggestion is that instead of "otherwise dispose of this Agreement" mentioned, you may redraft it as "otherwise dispose of the work content as per this agreement".
From India, Mumbai
The draft clause serves the purpose. A suggestion is that instead of "otherwise dispose of this Agreement" mentioned, you may redraft it as "otherwise dispose of the work content as per this agreement".
From India, Mumbai
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