Date: MMM DD, yyyy
Pune – 121212
Subject: Your Appointment Letter and Terms & Conditions of Employment.
We welcome you to [name of the company]and are pleased to offer you a position of [designation]under the following terms and conditions:
1. Date of Joining:
You are appointed as [designation] in [name of the company] w.e.f. MMM DD, yyyy.
2. Place of Work:
You will be working from our office situated at ________________________.
Your annual fixed CTC will be Rs.n,00,000.00 P.A. (Rupees nnnn Lakhs per annum) the breakup of this compensation is attached hereto as Annexure – A.
4. Statutory benefits:
You will be covered under the Statutory Laws/Rules such as Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Employees state insurance Act 1948, Payment of Gratuity Act. 1972, The Payment of Bonus Act, 1965 etc.. You will be covered for the benefits under the same Laws/Rules, and such other laws as applicable and amended from time to time.
Your compensation will be subject to deductions as applicable under provisions of Income Tax Act. 1961 and other applicable laws in India.
5. Probation Period:
You will be on probation for a period of Six (6) months from the date of joining. Your Probation period may be extended if your performance during initial probation period is not found satisfactory.
Until confirmed in writing, you shall be deemed to continue on probation, and any such period after initial period of probation shall be deemed to be extension of probation.
During your probation period or extended probation period as the case may be, either you or the company can terminate the employment agreement with one week’s notice or one week’s salary in lieu of such notice.
Your services can be terminated without notice or without salary in lieu of such notice and without assigning any reason, during the probation or extended probation period in case you are found guilty of any misconduct according to the policies, and rules of our company as applicable and as amended from time to time.
6. Work Conduct:
During your employment with the Company, you shall devote your best efforts for promoting the Company’s business (and the business of any other relevant affiliate and/or business associate of the Company).
You are required to effectively carry out all duties and responsibilities as assigned to you by the Company and shall faithfully and diligently perform these in compliance with established policies and procedures, endeavoring to the best of your ability to protect and promote the interests of the Company.
You shall not, except with the written permission of the Company, engage directly or indirectly in any other business, occupation or activity, whether as an employee, principal agent or otherwise.
You will be bound by the Code of Conduct and all other rules, regulations, policies, orders etc. issued by the Company from time to time in relation to your conduct and discipline as if the amended rules, regulations, polices orders etc. were a part of this contract of employment.
You will be imparted training on-the-job and periodically when the training programs will be organized. The Company lays high importance when training its employees and spends considerable resources on it. A full commitment from employee side is expected during the training period.
8. Disclosure of Information:
You confirm that you have disclosed all your business interests to the Company whether or not they are similar to or in conflict with the business(es) or the activities of the Company, & all circumstances in respect of which there is, or there might be perceived, a conflict of interest between the Company and you or any immediate relatives. Also, you agree to immediately disclose, to the Company of any such interests or circumstances which may arise during your employment.
All information regarding the affairs or business matters of the Company (and of any other relevant affiliate and/or business associate of the Company) – concepts, working methods, client portfolios, strategies – that come to your knowledge by reasons of your employment, is deemed to be confidential and must be considered a trade secret.
You shall be required to maintain strict confidentiality of such information and data that may come to your possession or knowledge by virtue of the engagement, use it only as may be required in the normal course of your work and shall not disclose or divulge any information or data, without prior consent of an authorized officer of the Company.
You shall at all times keep the details of your salary and employment benefits at the Company strictly confidential and shall not disclose such details to any other person within the Company.
You shall use the Company name, Logos, trademarks or other identifiers strictly in the manner permitted by the Company’s policies or for the purposes of provision of Services delegated to you to the extent required.
You shall at all times, whether during employment or after the termination of your employment act with utmost fidelity and shall not disclose or divulge any such confidential information to third parties or make use of such information for your own benefit or the benefit of any third party.
This clause applies during the employment and continues for 24 months after termination of employment. Failure to adhere to this clause will invite legal action by the Company.
10. Monitoring Policy:
Please note that emails sent to you and by you may be monitored from time to time for the purpose of identifying any non-compliance with the Company policies or applicable laws. These emails along with attachments are considered as property of the company.
If such monitoring discloses breach of any law or Company policies, disciplinary action may follow including termination of the employment.
11. Notice Period:
Post confirmation, your services may be terminated by either party, giving written notice of one month or payment of one month’s salary in lieu of the notice.
The Company may terminate your services at its discretion without any notice or pay in lieu of such notice if it has been alleged and prima facie established through preliminary internal inquiry that you have made a false or an incomplete declaration about you, or committed a heinous crime/act or any offense involving moral turpitude, misconduct as per company’s Code of Conduct or other acts that threatens or are likely to damage the Company’s reputation.
In case of termination or resignation from services, you are required to identify and train your replacement and facilitate a successful handover/knowledge transfer. Failure to comply with the clause would be considered against the Company policy. A prior approval by the Management shall be considered as an exception to this clause through mutual settlement between both the parties.
You will be eligible for casual leave of 8 days in a year.
Also, if you work for a period of 240 days or more in a calendar year, you shall be allowed paid leave in the subsequent year for a number of days calculated at the rate of one day for every twenty days of work performed during the year. You can accumulate earned leave up to a maximum of 45 days.
Further, you will be eligible for 8 paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August, 2nd October and four such other festival holidays as may be mutually agreed to between the employer and employees and as per the nature of business, before the commencement of the year.
The company shall reimburse all your reasonable expenses incurred in the performance of your duties as per the company policy, upon submission of receipts.
During your employment or in the event of any termination the Company is entitled to deduct any amount due from you to the Company from actual total compensation including but not limited to:
- Any debt or advance for the time being owed by you to the Company
- Any deduction related to leave or holiday taken in excess of entitlement as at the date of termination of employment: and
- Any deduction with respect to expenses incurred by the Company or the cost of repairing damage to the Company’s property caused by you (and of recovering the same).
15. Return of Company Property
You shall promptly upon request by the Company and in any event upon the termination of your employment return and surrender to Company, all the assigned assets, all such confidential information including without limitation, data, information, files, books, magazines, reports, documents, manuals, any knowledge database in whatever form including but not limited to electronically held data that concerns the business of the Company which may have been prepared by you or come into your possession custody or control in the course of your employment.
You shall not keep any copies of these items in any form whatsoever.
Violation of this clause may invite legal action.
16. Non – Competition:
In the event of your separation from Company for whatever reason:
For a period of 24 months thereafter (except with the written approval of the Company) you will not solicit business in competition with the Company nor pass information to a third party that may result in the same effect from any other organization which is at the date of separation, a client or a prospect with which negotiations are underway neither will you in competition offer or supply products or services which compete directly with those products or services offered by the Company.
You agree that for a period of 24 months after your separation from the Company you will not endeavor to solicit or entice away any person who is an employee of the Company or who was in its employment up to 6 months preceding your severance.
Your appointment is contingent upon your Medical Fitness, satisfactory reference and background checks, including verification of your application, materials, education and employment history. Your employment is also contingent upon your ability to work for the Company without restriction (i.e., you do not have any non-compete obligation or other restrictive clauses with any previous employer).
We take this opportunity to congratulate you on your selection and look forward to a long and mutually beneficial professional association. You’re are joining us at an exciting phase of our journey of building a world class firm and we are counting on you to help us get there. Kindly return a copy of this letter duly signed by you in acceptance of the terms and conditions set out herein.
Acknowledgement and Acceptance by the employee
I hereby accept and agree to the terms and conditions of this employment contract and any amendments or additions hereto. I also promise to adhere and abide by the policies and regulations of the Company as mentioned above and as amended from time to time.
Name: Mr/Ms AAAA BBB Signature_________________
Date: April DD, YYYY