Employment agreement
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EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is executed at Place of execution on this Day of execution day of Month of execution, Year of execution.
a company incorporated under the Companies Act, 2013, having its registered office at Employer's registered office
resident of Employee's address
(collectively, the "Parties", and individually, a "Party")
RECITALS
1.1 The Employer hereby appoints the Employee to the position of Employee's designation in the Department name department, and the Employee hereby accepts such appointment, on the terms of this Agreement, with effect from Date of joining ("Commencement Date").
1.2 The Employee shall report to Reporting manager or to such other person as the Employer may designate from time to time.
1.3 The Employee's initial place of work shall be Place of work, provided that the Employee may be transferred to any other office, branch, unit or location of the Employer in India, at the Employer's discretion, in accordance with applicable law.
2.1 The Employee shall be on probation for a period of Probation period from the Commencement Date, unless extended in writing by the Employer for a further period not exceeding Probation extension period ("Probation Period").
2.2 During the Probation Period, either Party may terminate this Agreement by giving Probation notice period written notice or salary in lieu thereof.
2.3 On successful completion of the Probation Period, the Employee shall be confirmed in writing. Absent written confirmation, the Employee shall be deemed to have been confirmed if the Employee continues in employment beyond the Probation Period as extended.
3.1 The Employee shall:
3.2 The Employee shall not, during the term of this Agreement, engage in any other employment, business, consultancy or vocation, whether remunerated or not, without the prior written consent of the Employer.
4.1 The Employee shall be paid a monthly gross salary of ₹ Monthly gross salary (Rupees Monthly gross salary in words Only), inclusive of basic salary, dearness allowance, house rent allowance and other allowances, as set out in Salary schedule reference (the "Salary").
4.2 The Salary shall be payable Salary payment date of each calendar month, subject to deduction of tax at source under the Income-tax Act, 1961 and all other statutory deductions, including contributions towards the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees' State Insurance Act, 1948, to the extent applicable.
4.3 The Employer may review and revise the Salary annually or at such other intervals as it may determine; any revision shall be at the Employer's sole discretion unless otherwise agreed in writing.
4.4 The Employee shall be eligible for the following benefits:
5.1 The Employee's normal working hours shall be Working hours per week per week, subject to the limits prescribed under applicable law, including the applicable provisions of the labour codes and rules framed thereunder.
5.2 The Employee may be required to work such additional hours as the business of the Employer may reasonably require. Compensation for overtime, where applicable, shall be governed by applicable law and the Employer's policy.
6.1 Following confirmation, either Party may terminate this Agreement by giving Notice period written notice or, in the case of the Employer, payment of salary in lieu of the unexpired portion of such notice, subject to applicable law.
6.2 Notwithstanding clause 6.1, the Employer may terminate this Agreement forthwith, without notice or payment in lieu of notice, if the Employee is found guilty of:
6.3 Any disciplinary action preceding termination shall follow the procedure prescribed under applicable law, including the principles of natural justice and, where applicable, the requirements of a standing orders regime or a domestic enquiry.
6.4 Upon termination for any reason, the Employee shall:
6.5 The Employee shall be entitled to receive the Salary earned up to the effective date of termination, encashment of accrued privilege leave as per applicable law and policy, and full and final settlement within the period prescribed by law.
7.1 The Employee may resign by giving written notice in accordance with clause 6.1. The Employer may, at its discretion, relieve the Employee earlier than the expiry of the notice period.
7.2 If the Employee remains absent from work without authorisation for Consecutive absent days deemed abandonment consecutive days, the Employee shall be deemed to have abandoned employment, and the Employer may terminate the Agreement without notice, subject to a written communication to the Employee's last known address.
8.1 The Employee shall not, during the term of this Agreement or at any time thereafter, disclose or use any Confidential Information except in the proper performance of duties for the benefit of the Employer.
8.2 "Confidential Information" means all non-public information relating to the Employer or its clients, suppliers or affiliates, including business plans, financial data, trade secrets, know-how, source code, customer and vendor lists, pricing, personnel information and any other information marked confidential or which by its nature ought reasonably to be treated as confidential.
8.3 The obligations in this clause shall not apply to information which:
8.4 Upon termination, the Employee shall return or destroy, at the Employer's election, all Confidential Information in the Employee's possession or control.
9.1 All works, inventions, designs, source code, improvements and other intellectual property created by the Employee in the course of employment, or using the Employer's resources or Confidential Information, shall vest exclusively in the Employer upon creation, to the extent permitted by law, and the Employee hereby assigns all rights, title and interest therein to the Employer.
9.2 The Employee shall execute all documents and do all acts reasonably required by the Employer to perfect, register or defend such rights, and hereby appoints the Employer as the Employee's attorney to do so if the Employee fails to act within a reasonable time after request.
9.3 The Employee waives, to the fullest extent permitted by law, any moral rights in works created in the course of employment.
10.1 During the term of this Agreement and for a period of Non-solicitation period after termination, the Employee shall not, directly or indirectly:
11.1 The Parties acknowledge that no restriction shall operate after termination beyond what is enforceable in terms of Section 27 of the Indian Contract Act, 1872. Accordingly, no post-termination non-compete is imposed on the Employee, and the Employee's obligations on termination are limited to clauses 8, 9 and 10.
12.1 The Employee shall not, during the term of this Agreement, hold any directorship, partnership, employment, consultancy or financial interest in any entity that competes with the Employer, without the prior written disclosure to and consent of the Employer.
13.1 The Employee shall comply with the Prevention of Corruption Act, 1988, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and all other applicable laws and the Employer's policies in force from time to time.
13.2 Any breach of this clause shall constitute misconduct justifying termination under clause 6.2.
14.1 The Employee consents to the Employer collecting, processing, storing and transferring the Employee's personal data for purposes of employment administration, statutory compliance and as required under applicable law, including the Digital Personal Data Protection Act, 2023.
15.1 Any dispute, controversy or claim arising out of or relating to this Agreement, including its existence, validity, breach or termination, shall first be attempted to be resolved by good-faith negotiation between the Parties for a period of Negotiation period for disputes from written notice of the dispute.
15.2 Failing resolution, the dispute shall be referred to arbitration by a sole arbitrator mutually appointed by the Parties, or failing agreement, in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Arbitration seat, and the language shall be English.
15.3 The award of the arbitrator shall be final and binding. Subject to clause 15.2, the courts at Courts jurisdiction shall have exclusive jurisdiction, and nothing in this Agreement shall oust the jurisdiction of courts in matters where the Employee enjoys a non-derogable statutory right of access to a forum.
16.1 This Agreement, together with the schedules hereto, constitutes the entire agreement between the Parties in respect of its subject matter and supersedes all prior negotiations, representations and agreements, whether written or oral.
16.2 No amendment shall be valid unless in writing and signed by both Parties.
16.3 Neither Party may assign this Agreement without the prior written consent of the other Party, save that the Employer may assign it to an affiliate or successor by operation of law.
16.4 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force, and the invalid provision shall be modified to the minimum extent necessary to render it valid.
16.5 Failure or delay by either Party in exercising any right shall not constitute a waiver thereof.
16.6 Notices shall be in writing and delivered by hand, registered post with acknowledgement due, or email to the addresses of the Parties stated above, and shall be deemed served upon delivery or, in the case of registered post, upon the status of delivery being recorded.
16.7 Nothing in this Agreement shall be construed to reduce the Employee's rights and entitlements under any law for the time being in force; where any statutory entitlement exceeds the terms herein, the statutory entitlement shall prevail.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day, month and year first above written.
| SIGNED AND DELIVERED | SIGNED AND DELIVERED |
|---|---|
| For and on behalf of Employer's name | Employee's name |
| Signature: | Signature: |
| Name: Employer signatory name |
| Designation: Employer signatory designation |
| Date: Employer signature date | Date: Employee signature date |
| WITNESSES: | |
|---|---|
| 1. Signature: | Name: First witness name Address: First witness address |
| 2. Signature: | Name: Second witness name Address: Second witness address |