Employee Contract - Appointment Letter N&N 23.07.2018
Employee Contract - Appointment Letter N&N 23.07.2018
Employee Contract - Appointment Letter N&N 23.07.2018
With reference to your application and subsequent interview, _____________[insert name of Company]
(“The Company”) is pleased to inform you that you (“the Employee”) are appointed as ___________ in
the Company. This contract, the schedules and the annexures annexed hereto (collectively “this
Contract”) sets out the main terms and conditions of your employment with the Company. Further, you
will also be governed by the company rules and regulations as notified by the Company, from time to
time.
1. INTRODUCTION
1.1. This Contract forms the basis for the condition of employment for all the employees working for
________ [insert name of company]. This contract is binding. The Company as defined herein
shall mean and include its successors and assigns, and any of its present and future subsidiaries,
parent / holding companies or organizations controlled by or under the control of the Company.
1.2. Anyone considering a position should read carefully and understand the contents of this Contract
before acceptance. If the Employee has any queries relating to or in connection with this contract,
he / she shall contact the Management of the Company.
2. APPOINTMENT
The Employee will be employed by the Company as “____________” or in such position as The
Company may from time to time decide at its sole discretion and subject to the terms and
conditions set out in this Contract.
4. PROBATIONARY PERIOD
4.1. The period of 06 six months from the Effective Date shall be considered as a probationary period.
During the said period, the performance of the Employee will be regularly reviewed by the
Company. The Company reserves the right to extend the probationary period, for such duration
as it may deem fit, for the better assessment of the Employee’s performance. The Company will
notify the Employee in writing of such extended probationary period.
4.2. If the Employee completes the probationary period to the satisfaction of the Company, the
Company shall notify in writing to the Employee of appointment as Company’s permanent
employee.
4.3. If during or at the end of the probationary period the Company is dissatisfied with the Employee’s
performance, the Company may terminate the employment by giving (1) one months’ notice in
writing without assigning any reasons.
5.1. The Employee is employed as _________ and shall report to __________ or such other
person/superior as may be authorized by the Company and notified to the Employee from time
to time. The place of work shall be at __________. The Company may, at its sole discretion, at
any point of time, transfer the Employee to any of its other project sites, establishments, locations
or another group company, within or outside India. Upon such transfer, the rules and regulations
of service application at such location shall be binding on the Employee.
5.2. The duties and responsibilities towards the Company are annexed herewith as Annexure I. The
Company is entitled to change and/or assign other duties and responsibilities, which corresponds
to the Employee’s capabilities and qualifications. Any such change will not constitute a change of
the terms and conditions of this Contract.
7. INCREMENTS
There will be no specified grade or increment. Increments shall vary on the basis of the financial
results of the Company and the performance of the every employee and the relevant
department.
8. HOURS OF WORK
8.1. The working hours and days of the Employee shall be subject to the requirements of the Company
which usually will be from Monday to Saturday. The arrangement and duration of the daily
working time will depend on the operational requirements of the Company.
8.2. The Employee shall observe the working hours and holiday as defined in the work schedule policy
and observed at the location of work of the Employee.
8.3. Any overtime, extra work, work on Sundays and/or on public holidays shall be deemed satisfied
with the base salary as mentioned hereinabove in Clause 6.1.
9. HOLIDAY
The Employee shall be entitled to Holidays in accordance with the applicable policy and as per
the rules of the Company, subject to prior written approval of the superior/authorized personnel.
15. CONFIDENTIALITY
15.1. Confidential information for the purposes of this contract shall mean and include all documents
and other information, whether technical, financial or otherwise, that the Employee may receive
directly or indirectly from the Company during the course of employment
15.2. The Employee acknowledges and agrees that all rights in and relating to the Confidential
Information shall belong to the Company and agrees:
15.2.1. to treat and preserve the confidentiality of all Confidential Information obtained during
the course of the employment;
15.2.2. to use the Confidential Information exclusively for the purposes of fulfilling the duties
of the employment and for no other purpose;
15.2.3. to use his/her best endeavors to prevent unauthorized access or disclosure of
Confidential Information;
15.2.4. that the Employee shall disclose the Confidential Information only to those in the
Company or otherwise, who have a reasonable need to know such information,
provided that the recipients of such information are also notified and are bound or
caused to be bound by the confidentiality obligations herein.
15.3. The obligations of confidentiality set out herein shall not apply to any information, which:
15.3.1. at the date of its disclosure is in the public domain or which subsequently enters the
public domain other than by the default of the Employee;
15.3.2. is already lawfully known to the Employee prior to its disclosure by the Company and
which is, or becomes free of any obligation of confidentiality.
15.4. The Parties hereby agree that the confidentiality obligations herein shall survive termination of
this Contract.
15.5. The Employee undertakes that he/she shall not, sell or use or publish or transfer for valuable
consideration or otherwise or to reveal or disclose directly or indirectly, any Confidential
Information or any other information relating to the Company or its business to any person for
any reason whatsoever except in the manner and to the extent deemed fit by the Company, with
the Company’s prior written consent.
15.6. The Employee also agrees not to take or remove, without prior authorisation in writing, any
original or copies of material including any document, specification, drawing, diagram, plan, list,
magnetic or electronic medium or any such document relating to the Company’s interests or its
Confidential Information.
15.7. The Employee undertakes to handover to the Company, without any delay, any Confidential
Information and copies thereof received by the Employee, immediately upon demand by the
Company or immediately after the Employee ceases to require such information in the execution
of the duties.
16.2. It shall be deemed that the Employee has provided his / her consent for the assignment of any
and all Intellectual Property Rights, developed either solely by him or jointly with the Company,
exclusively and solely in favour of the Company and the Employee shall do all such acts as may
be necessary to ensure that the ownership of all such Intellectual Property Rights vest solely with
the Company.
16.3. The Employee also hereby irrevocably transfers and assigns to the Company, and waive and agree
never to assert, any and all moral rights which the Employee may have in or with respect to any
16.4. The Employee shall, not without the express written consent of the Company, enter into any
agreement, arrangement or undertaking with any customer of the Company.
19.2. In the event the Employee gives a notice of resignation / termination for a period, shorter than
three (3) months, then the Company shall at it discretion adjust any leave due to the Employee
or recover from the Employee’s dues, the short-fall in the notice period.
19.3. Notwithstanding what is stated hereinabove, The Company is entitled to terminate the
employment by serving a summary notice in writing and without payment in lieu of notice, on
happening of any of the following events including without limitation, if the Employee has:
19.3.1. committed any serious or repeated or continued (after warning) material breach of
obligations mentioned herein;
19.3.2. been guilty of a conduct, which may bring the Employee or the Company in disrepute;
19.3.3. failed to perform the duties to a satisfactory standard after having received a written
warning from the Company relating to the same.
19.3.4. committed theft;
19.3.5. damaged Company’s property maliciously;
19.3.6. falsified attendance or sickness records.
19.3.7. consumed or distributed narcotics {or alcoholic beverage} on the Company premises;
19.3.8. committed any criminal or civil acts prejudicial to the Company whether or not committed
in the course of employment;
19.3.9. not complied with Company’s policy as amended from time to time.
19.3.10. committed any other offence of a similar gravity as to the events stated hereinabove.
19.4. Any dues to be paid by the Employee to the Company on the date of termination shall be
settled/deducted from the final salary payment due to the Employee.
19.6. The Appointment and continuation in employment shall be subject to the Employee remaining
medically fit. The management shall have the right to get the Employee examined or re-examined
from any registered medical practitioners, Surgeon / Physician.
20. RETIREMENT
On basis of the documents / certificates submitted by the Employee, the date of birth is recorded
as ________. As per the policy of the Company, the Retirement age is fixed at _____ years. The
retirement will take place at the end of the year in which the Employee attains _____ years of
age.
21. MISCELLANEOUS
21.1. The Employee agrees and undertakes to perform, for the Company, such duties as it may
designate from time to time, and devote full time and best efforts to the business of the
Company. The Employee undertakes not to perform any activities and/or duties with or without
monetary consideration, which are out of the scope of this Contract, without prior approval of
the Company. The Company may grant such approvals only if such activity and/or service does
not conflict with the interest of the Company and/or does not impede the Employee from
executing his/her duties in a timely and professional manner.
21.2. During the employment with the Company, the Employee shall be governed by the rules and
regulations of the Company, in force or as introduced or amended, from time to time.
21.3. The Employee shall also be bound by the rules and regulations enforced by the management from
time to time in relation to conduct, discipline, medical leave and holiday or any other mater
relating to the service conditions which shall be deemed incorporated herein by reference.
21.4. If one or more of the provisions in this Employment Contract are deemed invalid, illegal or
unenforceable by law, then the remaining provisions will continue in full force and effect. Any
invalid or unenforceable provision of this Employment Contract shall be replaced with a provision,
which is valid and enforceable and most nearly reflects the original intent of the unenforceable
provision.
21.5. No waiver by the Company of any breach of this Contract shall be a waiver of any preceding or
succeeding breach. No waiver by the Company of any right under this Contract shall be construed
as a waiver of any other right.
21.6. The Company shall not be required to give notice to enforce strict adherence to all terms of this
Contract.
21.7. This Contract is the final, complete and exclusive agreement between the parties with respect to
the subject matter hereof and supersedes and merges all prior discussions between the Parties.
21.8. This Contract of Employment together with all the annexures, schedule, polices, rules and
regulations of the Company or portion thereof, and any other documents that the present
Thanking you, I have read the above and accept the same
Yours faithfully,
For ____________________
(the Employee)
[To be inserted on case to case basis as to what duties and scope of work is to be performed, some
common obligations are stated herein below]
1. The Employee shall devote his/her time, attention and skill in promoting the interest of the Company
and shall not engage in any activity which may be or may become harmful to or contrary to the
interest of the Company.
2. The Employee shall carry out his/her duties in a proper, faithful and efficient manner to the best of
his/her ability and use you’re his/her best endeavors to maintain, develop and extend the business
of the Company.
3. The Employee shall maintain high standards of discipline, efficiency, integrity and also guide the
employees under his/her supervision to the best of his/her ability.
4. The Employee shall keep, maintain and provide all necessary assistance to the Company for the
purpose keeping and maintaining files, documents, books of accounts and all other necessary records
in accordance with the Company’s policy and the applicable law.
5. All other functional responsible according to the role assigned to the Employee shall be explained to
the Employee by his / her manager / immediate supervisor.
1. The Employee agrees and undertakes that during the term of the employment and for a period
of Twelve (12) months following the expiration/termination of the employment:
a) the Employee shall not engage himself directly or indirectly, as owner, principal, agent,
partner, director, officer, employee, independent contractor, share/stock holder,
consultant, adviser or any other capacity in any trade, commerce or business or practice
any occupation, vocation, profession or render any services for valuable consideration or
otherwise or indulge in any activity in the Territory of _________ which is competing with Commented [(N&N)1]: Consider limiting the application
of Non-Compete to a particular territory, the same may help
the business activities of the Company or its group companies. prove reasonability of applying non – compete, as and when
b) The Employee agrees and undertakes to forbid himself absolutely and unconditionally from required to be enforced in Court of Law.
making use of the Confidential Information or Trade Secrets or otherwise benefiting himself
or any other individual, firm, company, association of persons whether registered or not,
bodies corporate or any other Person whether or not the Confidential Information shall be
of any significance commercial, non-commercial or otherwise to the Company.
3. The Company reserves the right to decide on application of the “Non-Compete” condition
mentioned herein above. In the event that the Company chooses to apply the aforesaid “Non
– Compete” provision on the Employee, then it shall inform about the same to the Employee
in writing. If the Company chooses to apply the non-compete provisions than it shall
compensate Employee with 50% of the last drawn monthly fixed salary for the “Non-Compete”
period of Twelve (12) months after termination of employment (“Non-Compete
Compensation”). Upon receipt of the aforesaid notice by the Employee, it shall be incumbent
on the Employee to adhere to the Non-Compete obligations in accordance with this Contract.
Any refusal to accept the Non – Compete Compensation by the Employee, shall not relieve the
Employee of the Non – Compete obligation due to any reasons whatsoever. The Employee
undertakes and accepts that the restriction imposed is reasonable in view of his/her job profile
and the Company has adequately compensated the Employee for acceptance of such
obligation.
4. Notwithstanding what is stated hereinabove, The Employee agrees and undertakes that for a
period of twelve (12) months following termination of employment for any reason whatsoever,
the Employee shall not:-
a) Solicit any business from any clients or customers of the Company or any of their subsidiaries or
affiliates for his/her own benefit directly or indirectly or for the benefit of any other individual,
firm, company, association of persons whether registered or not, bodies corporate or any other
b) Directly or indirectly, on his/her own behalf or on behalf of or in conjunction with any person or
legal entity, recruit, solicit, or induce, or attempt to recruit, solicit or induce, any employee of the
Company with whom the Employee had personal contact or supervised while performing his/her
job duties.
c) Contact any of the existing or prospective clients of the Company, to entice such clients away
from the Company or to damage in any way their business relationship with the Company.
5. The Employee further acknowledges that any breach of the terms and conditions of Schedule I
will entitle the Company to recover liquidated damages from the Employee. Such liquidated
damages shall be equivalent to 12 (twelve) months of salary computed on basis of the last drawn
monthly salary by the Employee. The Employee further agrees that the said sum of liquidated
damages shall be just and reasonable and the Company shall be entitled to recover as
contractually agreed liquidated damages in the event of breach of the terms and conditions
contained herein.
1. The Employee shall utilize the Company provided IT, Company email, IT infrastructure and
telecommunication devices of the Company (hereinafter referred to as “Company IT”) only for
the purposes of performing his/her duties of employment as defined in this Contract. Any
utilization of the same for the purposes other than for performance of his/her employment duties
shall only be with a prior written approval by the Company.
2. The use of the Company IT for private reasons (including web-based mail services) as well as short
private telephone calls caused by business reasons shall be reduced to a minimum and are only
admissible during breaks and after working hours. Upon termination of the Employment
Contract, the Employee shall ensure that all private contents in the company email account are
deleted and the same shall be confirmed by the Employee upon request by the Company.
3. The Company reserves the right to access, inspect, enter, search, and monitor the computer files
and/or email account of the Employee, without advance notice, for business purposes such as
investigating theft, disclosure of Confidential Information, or personal abuse of the system, or
monitoring work flow or productivity.
4. The Employee shall use the Company IT with due responsibility. Any and all use which impairs or
infringes Applicable Law, guidelines or general security standards of the Company or its group
companies or which is capable to harm the interests of the Company or its reputation in public,
is unlawful.
7. The Employee shall use the company internet, email accounts and IT- systems with due
responsibility. Any and all use which contravenes Applicable Laws, guidelines or general security
standards of the Company or its group companies or which is capable to harm the interest of the
Company or its reputation, shall be unlawful.
8. The data privacy and security guidelines of the Company or its group companies in their
respective valid version shall apply to the use of the Company IT as well as handling of
Confidential Information and personal data.