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The Salesman Contract Of Employment is essential for companies operating in India that employ sales professionals. This contract type is specifically designed to comply with Indian employment laws while addressing the unique aspects of sales roles, including commission structures, territory assignments, and performance metrics. It is particularly relevant when hiring new sales staff or updating existing employment terms to ensure compliance with current legislation. The document incorporates mandatory provisions required by Indian labor laws, including the Sales Promotion Employees (Conditions of Service) Act, while also protecting the company's interests through appropriate confidentiality and non-compete clauses. The contract is structured to accommodate various sales roles across different industries, making it adaptable for both B2B and B2C sales contexts while maintaining legal compliance.

1. Parties: Identifies the employer company and the salesperson, including their full legal names and addresses

2. Background: Brief context about the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including 'Territory', 'Products', 'Commission', 'Targets', etc.

4. Appointment and Term: Details of the employment position, designation, and duration (fixed-term or permanent)

5. Duties and Responsibilities: Comprehensive list of the salesperson's duties, reporting structure, and performance expectations

6. Territory and Product Line: Defines the geographical area and products/services the salesperson will be responsible for

7. Compensation Structure: Details of basic salary, commission rates, bonus structure, and payment terms

8. Working Hours and Leave: Specifies standard working hours, overtime policies, and leave entitlements

9. Expenses and Reimbursement: Policies regarding business expense claims and reimbursement procedures

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Non-Compete and Non-Solicitation: Restrictions on competitive activities during and after employment

12. Performance Evaluation: Process and criteria for performance assessment and review

13. Statutory Benefits: Details of mandatory benefits under Indian law including PF, ESI, etc.

14. Termination: Conditions and procedures for termination of employment

15. Governing Law: Specifies Indian law as governing law and jurisdiction for disputes