• Non-registered firm want to set rules for freelance employees

We are a non-registered small company which acts as mediators between parents and home tutors. FYI in home tutoring concept teacher will visit student's residence to conduct every lecture. We provide such home tuitions to teachers on commission basis. So we take fees from parents, take our  commission and pay rest of amount to concerned teacher.

We want  teachers to enter a sort of pact or agreement with us which will have 2 main conditions among others
1. Teachers will not discuss anything with parents/students about fees.
2. Teachers will not use or share any tuition contact provided by company without prior permission from company.

Can this be done?

If at all registration is mandatory for this what is the procedure for the same?
Asked in Business Law from Mumbai, Maharashtra
1) it is necessary to register your partnership firm if you want to file any suit or take any legal proceedings under section 69 of  the partnership act against third parties 

2) apply for registration of firm with the registrar of firms 
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

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1) Registration of firms can be done online www.rof.maharashtra.gov.in

Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

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This is an agreement of contract between the company and  the person engaged on contract.
The contract agreement  will have mutual clauses.
The said clauses can  very well be incorporated in the  agreement of contract, there is no legal infirmity in it. 
It is not mandatory to register the agreement,  it can be registered if need  be. 
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

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1. These clauses can safely by incorporated as they do not violate any law. 

2. The registration of the bilateral agreement, envisaged by you, is not mandatory.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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1) agreement can be entered into without mandatory registration of firm . 

2) get your agreement to be entered into with teachers drafted by a local lawyer . 

3) teachers should sign said agreement . 

4) it can be executed on  non judicial stamp paper 

5) no fixed format for the agreement 
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

5.0 on 5.0

Thanks, as I understand, such agreement can be done without any mandatory registration of either company or agreement. Am I correct?
You are right that there is no necessity to register the company if not desired.



If yes, how to go ahead with this agreement thing? Do we have to print our clauses on a stamp paper and get it signed by teachers? Or is there something else?
You  can draft the agreement incorporating the  clauses of mutual interest and Terms & conditions, if necessary on a Rs. 80/- nonjudicial stamp paper, get it signed  by both, have one set each. 



 Is there any fixed format for the same?
There is no fixed format, the terms  and  conditions may get drafted through a professional or a lawyer locally.
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

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1. You are correct.

2. There is no legal agreement to print it on a stamp paper. It can be printed on a plain paper.

3. Get it drafted by your lawyer.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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