Fixed-term employment contract
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FIXED-TERM EMPLOYMENT CONTRACT
This Fixed-Term Employment Contract ("Contract") is executed at Place of execution on this Execution date (the "Execution Date")
BETWEEN
Employer name, a company incorporated under the Companies Act, 2013, having its registered office at Employer registered address, and having CIN Employer CIN and GSTIN Employer GSTIN (hereinafter referred to as the "Employer", which expression shall, unless repugnant to the context, include its successors and permitted assigns)
AND
Employee name, aged Employee age years, son/daughter of Employee parent name, residing at Employee address, holding PAN Employee PAN (hereinafter referred to as the "Employee")
The Employer and the Employee are hereinafter individually referred to as a "Party" and collectively as the "Parties".
RECITALS
WHEREAS the Employer is engaged in the business of Employer business description and requires the services of a Employee designation for a specific project/requirement;
AND WHEREAS the Employee represents that he/she possesses the requisite qualifications, skills and experience to perform the duties of the said position;
AND WHEREAS the Parties intend to engage the Employee on a fixed-term basis in accordance with the Occupational Safety, Health and Working Conditions Code, 2020, the Industrial Relations Code, 2020, and the Code on Wages, 2019, and not on a permanent basis;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agree as follows:
1. TERM OF EMPLOYMENT
1.The Employee shall be employed on a fixed-term basis for a period of Contract duration ("Term"), commencing from Start date and ending on End date (the "End Date"), unless terminated earlier in accordance with this Contract.
2.This Contract shall not be renewed automatically. Any extension or renewal shall be by mutual written agreement executed prior to the End Date.
3.The Employee's employment on a fixed-term basis shall not be construed as employment on a permanent basis, and the Employee shall not claim absorption or permanent employment by reason of the duration or renewal of fixed-term contracts, it being expressly agreed that engagement on successive fixed-term contracts shall not confer any right to permanent employment.
2. PROBATION
1.The first Probation period of the Term shall be a probation period ("Probation Period"), during which the Employer may assess the Employee's suitability.
2.During the Probation Period, either Party may terminate this Contract by giving Probation notice period written notice or salary in lieu thereof.
3.Upon successful completion of the Probation Period, the Employee's services shall be confirmed for the remainder of the Term by written communication from the Employer. Absence of such communication shall not be construed as confirmation.
3. DESIGNATION, DUTIES AND PLACE OF WORK
1.The Employee shall be employed in the position of Employee designation and shall report to Reporting manager.
2.The Employee shall perform such duties as are set out in Annexure A and such other duties commensurate with the Employee's position as the Employer may reasonably assign from time to time.
3.The Employee's initial place of work shall be Workplace address. The Employer may, on reasonable notice, require the Employee to work at other locations, including client sites, in connection with the Employer's business.
4.The Employee shall devote the whole of his/her working time and attention to the Employer's business and shall not, during the Term, engage in any other employment, consultancy, business or occupation, whether remunerated or not, without the prior written consent of the Employer.
4. WORKING HOURS, LEAVE AND HOLIDAYS
1.The Employee shall work Weekly working hours hours per week, spread over Working days per week days per week, in accordance with the applicable provisions of the Occupational Safety, Health and Working Conditions Code, 2020, and the rules made thereunder.
2.The Employee shall be entitled to Earned leave days days of earned leave, Casual leave days days of casual leave and Sick leave days days of sick leave per annum, accruing proportionately, in accordance with the Employer's leave policy and applicable law.
3.The Employee shall be entitled to national and festival holidays as declared by the Employer and as mandated under applicable law.
4.The Employee shall be entitled to leave with wages for a period of not less than one day for every twenty days of work performed, as may be applicable, and unavailed leave shall be dealt with in accordance with the Employer's policy and applicable law.
5. REMUNERATION
1.The Employee shall be paid a total fixed monthly gross remuneration of ₹Monthly gross salary (Rupees Monthly gross salary in words only), subject to statutory deductions including tax deducted at source, provident fund contributions and professional tax.
2.The remuneration shall be paid on or before the Salary payment day day of each calendar month by bank transfer to the Employee's account Employee bank account.
3.The Employee shall be entitled to the following components:
| Component | Amount (₹ per annum) |
|---|---|
| Basic Salary | Basic salary |
| House Rent Allowance | House rent allowance |
| Other Allowances | Other allowances |
| Annual Target Incentive (performance-linked, discretionary basis) | Annual incentive |
| Total Cost to Company | Total cost to company |
4.The Employer shall deduct and deposit the Employee's contribution towards the Employees' Provident Fund and the Employee's State Insurance, where applicable, and comply with the Payment of Gratuity Act, 1972, the Employees' Compensation Act, 1923 and other applicable social security legislation, including the Code on Social Security, 2020.
5.The Employer may review the remuneration annually; no review shall entitle the Employee to any automatic increase.
6. GRATUITY FOR FIXED-TERM EMPLOYEES
1.Notwithstanding anything to the contrary, since this is a fixed-term employment, the Employee shall be entitled to gratuity on a pro-rata basis in accordance with the notification under the Occupational Safety, Health and Working Conditions Code, 2020, and the Payment of Gratuity Act, 1972, subject to completion of the qualifying period prescribed under such law.
7. CONFIDENTIALITY
1.The Employee shall not, during the Term or at any time thereafter, disclose, use or exploit any Confidential Information (as defined below) except in the proper performance of duties.
2."Confidential Information" means all non-public information relating to the Employer or its affiliates, clients or suppliers, including business plans, financial data, client lists, pricing, software, source code, processes, trade secrets, know-how, and personal data of employees or customers, in any form, whether or not marked confidential.
3.All Confidential Information shall remain the property of the Employer, and upon termination of the Term, the Employee shall return or destroy (at the Employer's option) all documents, devices and materials containing Confidential Information.
4.The obligations under this Clause 7 shall survive termination of this Contract and continue for Confidentiality survival period thereafter in respect of trade secrets for so long as such information remains confidential.
8. INTELLECTUAL PROPERTY
1.All work product, inventions, designs, software, code, content and other materials created by the Employee in the course of employment or using the Employer's resources shall vest exclusively in the Employer upon creation, and the Employee hereby assigns all rights, title and interest therein (including under the Copyright Act, 1957 and the Patents Act, 1970) to the Employer.
2.The Employee shall execute all documents and do all acts reasonably required by the Employer to perfect, register or defend the Employer's rights in such intellectual property.
9. NON-SOLICITATION
1.During the Term and for a period of Non-solicitation period thereafter, the Employee shall not, directly or indirectly, solicit or entice away any employee, client, customer or supplier of the Employer with whom the Employee dealt during the last twelve months of the Term, for any competing business.
2.The Parties acknowledge that the restrictions in this Clause 9 are reasonable and necessary for the protection of the Employer's legitimate business interests. The Employee covenants that this Clause does not restrain the Employee from lawful employment generally.
10. CODE OF CONDUCT AND POLICIES
1.The Employee shall comply with the Employer's policies, including the code of conduct, information security policy, and the policy on prevention of sexual harassment at workplace, and the Employer's obligations under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2.The Employee shall promptly disclose any conflict of interest and shall not accept gifts, commissions or benefits of more than nominal value from any person dealing with the Employer.
3.Breach of any policy or this Clause 10 may result in disciplinary action, including termination for cause.
11. TERMINATION
1.Either Party may terminate this Contract before the End Date by giving Notice period prior written notice or, in the case of the Employer, remuneration in lieu of notice.
2.The Employer may terminate this Contract forthwith, without notice or payment in lieu, in any of the following events: (a) insubordination, misconduct, fraud, dishonesty or breach of trust; (b) conviction of a criminal offence involving moral turpitude; (c) material breach of this Contract; (d) habitual absence without leave; (e) impairment from intoxication while at work; or (f) any act of moral turpitude or conduct unbecoming of the Employee's position.
3.Upon termination for any reason, the Employee shall: (a) return all Employer property, documents and Confidential Information; (b) complete all pending handover formalities; and (c) co-operate with the Employer in transitioning duties.
4.Upon termination, the Employer shall pay the Employee all accrued and unpaid salary, pro-rata leave encashment as per policy, and other statutory dues within the timelines prescribed by applicable law. Termination shall not affect accrued rights.
5.The Employee shall not be entitled to any severance, retrenchment compensation or notice pay beyond what is expressly provided herein and mandated by applicable law, it being expressly agreed that fixed-term employment by its nature ends on the End Date without further liability.
6.The Employer shall issue a relieving letter and, where applicable, an experience certificate upon conclusion of the Term.
12. STATUTORY COMPLIANCE
1.The Parties acknowledge that, in accordance with the Industrial Relations Code, 2020, a fixed-term employee shall be entitled to: (a) the same working hours, allowances and other working conditions as a permanent employee doing the same or similar work; (b) gratuity if employed for the prescribed qualifying period; and (c) all statutory benefits as applicable.
2.The Employer shall comply with the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the Employees' State Insurance Act, 1948, the Equal Remuneration Act, 1976 / equal remuneration provisions of the Code on Wages, 2019, and all other applicable labour legislation.
13. PERSONAL DATA
1.The Employee consents to the Employer collecting, processing, storing and transferring the Employee's personal data for lawful purposes relating to employment, payroll, statutory compliance and as required under applicable law, including the Digital Personal Data Protection Act, 2023, where applicable.
14. DISPUTE RESOLUTION AND GOVERNING LAW
1.This Contract shall be governed by and construed in accordance with the laws of India, and the courts at Exclusive jurisdiction city shall have exclusive jurisdiction.
2.Any dispute, controversy or claim arising out of or in connection with this Contract shall first be attempted to be resolved through good-faith negotiation between the Parties for a period of Negotiation period from notice of dispute.
3.Failing resolution, the dispute shall be referred to arbitration by a sole arbitrator appointed by mutual consent, 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. The award shall be final and binding.
4.The Employee expressly agrees that this Clause 14 does not bar either Party from approaching a competent court or tribunal where such forum alone has jurisdiction under applicable law, including labour authorities under the Industrial Relations Code, 2020.
5.Subject to Clause 14.4, the Employee shall continue to perform duties during the pendency of any dispute, unless the Contract has been terminated.
15. MISCELLANEOUS
1.This Contract supersedes all prior discussions, offers, representations and agreements between the Parties in respect of the subject matter herein, including any offer letter, except that the offer letter dated Offer letter date shall stand subsumed herein.
2.No amendment or waiver shall be valid unless in writing and signed by both Parties.
3.If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the Parties shall substitute a valid provision reflecting the original intent.
4.The Employee may not assign this Contract or any rights hereunder. The Employer may assign its rights and obligations to an affiliate upon written notice.
5.Notices shall be in writing and delivered by hand, registered post with acknowledgement due, or email to the addresses set out in the preamble, or such other address as a Party notifies in writing. Notice shall be deemed served: on delivery, if by hand; on the third business day after posting; and on the day of transmission if by email without bounce-back.
6.This Contract is executed in duplicate originals, one of which is retained by each Party. Each Party acknowledges electronic execution and copies of counterparts shall be treated as originals.
7.Force majeure: neither Party shall be liable for failure to perform due to events beyond its reasonable control, including natural disasters, epidemics, government action or civil unrest, provided the affected Party promptly notifies the other and mitigates. If the force majeure event continues beyond Force majeure period, either Party may terminate this Contract by written notice.
IN WITNESS WHEREOF the Parties have executed this Contract on the day, month and year first written above.
| SIGNED for and on behalf of Employer name | SIGNED by the Employee |
|---|---|
| Signature: | Signature: |
| Name: Employer signatory name | Name: Employee name |
| Designation: Employer signatory designation | Date: Employee signature date |
| Date: Employer signature date | Place: Employee signature place |
| Place: Employer signature place |
WITNESSES:
1. Name: Witness 1 name Address: Witness 1 address
2. Name: Witness 2 name Address: Witness 2 address
ANNEXURE A — DUTIES AND RESPONSIBILITIES
The Employee's principal duties as Employee designation shall include:
•Duty 1
•Duty 2
•Duty 3
•Duty 4
•Such other duties as may be reasonably assigned by the Employer from time to time.