Name
Address
Date
Subject :
Offer of Employment
Dear ……………..
We are
pleased to offer you the position of ……………. , with Company A. Your anticipated
start date will be date. However, you
would have to inform us of the final date of joining within a week of receiving
this letter. This offer is valid till date
, unless extended by mutual agreement.
The value
of your Annualised Reference Salary will be Rs. Amt/- Details of the Reference
Salary, Bonus and Other Benefits are in the attached Salary break-up annexure.
Please
sign the enclosed copy of this letter, Terms and Conditions document, Non
disclosure & Code of Practice Agreement and send it to Name, Company
address, within seven days of receipt hereof.
Your
contact in Company A would be Name, on employee email id by phone. Please feel
free to get in touch for any questions or assistance that you many need.
We will be
delighted to have you as a member of the Company A management team and look
forward to working with you.
Yours sincerely,
Name of Signing authority
Designation
Annexure : Terms
and Conditions
Non
Disclosure and Code of Practice Agreement
Details
on Reference Salary, Company A Bonus Schemes & related benefits
Terms and
Conditions
This statement of terms and conditions forms
part of the Offer of Employment. This will be effective from the date on which
you commence employment with Company A India (the “Company”)
On joining the Company, you will be able to
access Company A’s Intranet site , which contains comprehensive information
regarding all benefits, policies and procedures. Company A reserves the right
to review and update its employment policies and procedures as applicable from
time to time.
JOB TITLE
Your job title will be …………………, as per the Company
A Career Framework
SALARY
Your annual reference salary is Rs.
32,20,000/- which will be paid monthly in arrears on the last working day of
each month to your Company Bank Account. All taxes in respect of your income,
including income and professional tax will be deducted from your salary and
will be to your account. Company A reserves the right to reclaim / adjust any
overpayments made.
HOURS OF WORK
Normal working hours are from 09.00 to 17.40
Monday to Friday with 40 minutes lunch break from 13.00 to 13.40. You are
required to work minimum 40 hours per week if working in India. You may
also be required to work on weekends or in shifts including night shifts to
meet the needs to the role. While working on projects overseas working hours
and notified holidays of the client location will apply.
TRANSFER
Your initial place of work will be ……...
During probation or after confirmation, the Company reserves the right to
change your place of work to any location / subsidiary / associated companies
in India or outside India depending upon business requirements. In the event of
a change that reasonably requires you to relocated your primary residence, you
will be entitled to the benefits in force at that time.
PROBATION PERIOD
You will be on probation for a period of
six months from date of joining during which your employment can be terminated
by giving one month’s notice to either side or payment of basic salary in lieu
thereof. The period of probation may be extended if your performance is not
found satisfactory.
Upon successful completion of the probation
period, you will be confirmed in writing by the Company.
ABSENCE
You may be absent from work as a result of
various reasons. You are governed by the paid holidays of your work location
during your tenure of service with the Company. The Company gives the following
paid leave entitlement to its employees :
i.
Annual Leave
Annual Leave entitlement is accrued @ 1.83
working days per completed month of service of 22 working days per annum and
will be calculated from the date of joining. Accumulation will be permitted as
per the Company policy in force from time to time. You may take your first
annual leave only after confirmation.
ii.
Casual leave
You will be entitled to a maximum of 10
casual leaves per calendar year in case of emergency, illness or any other
reason. Casual leave can be taken for a minimum period of half a day to a
maximum of 2 consecutive days on approval from your Line Manager. Casual leave
entitlement is pro-rated to the period you are employed in the Company during
the year on joining or leaving the Company and can be carried forward to the
next calendar year as sick leave up to a maximum of 7 days.
iii.
Sick Leave
During the course of employment with Company
A India,
you may be unable to attend work due to illness or injury and can take sick
leave. Sick leave entitlement for the current year is dependent on the
unclaimed casual leaves from the previous calendar year which can be carried
forward to the next year up to a maximum of 7 days as paid sick leave. During
your employment with the Company, you can accumulate up to a maximum of 30 days
sick leave.
Company A reserves the right to require you
to undergo a medical examination in relation to your work or in order to
maintain cover of certain benefits and you will be required to submit the
report to the Company.
BENEFITS
You will be entitled to benefits during the
course of your employment in the Company subject to the rules of the Company.
Details of the benefits applicable to you are available on the Company’s
intranet site.
COMPANY A BONUS SCHEME
You will be entitled to participate in the Company
A Bonus Scheme., details of which are available on the Company’s intranet site.
EMPLOYEE SHARE SCHEMES
You are entitled to participate in the Company
A Employee Share Scheme as announced from time to time.
RETIREMENT
Your age of
retirement in the Company is 58 years. You will be entitled to Provident Fund (current
contribution is 12% of your basic salary by the Company in accordance with the
Employee Provident Fund & Family pension Fund Act 1952) and Gratuity (
calculated at half months basic salary per annum for every completed year of
the service in the Company in accordance
with the payment of Gratuity Act 1972). Gratuity is payable when an employee
leaves the services of the Company after completion of a minimum of 5 years of
continuous service in Company. PF and Gratuity form a part of the Reference
Salary.
NOTICE
PERIOD
After
confirmation, your employment with the Company may be terminated by giving a
notice of 2 months to either side or by payment of the basic salary in lieu
thereof. The Company reserves the right to waive off the notice period,
adjustment of accumulated leaves and salary payment during notice period.
PERSONAL
STANDARDS
The Company
expects it employees to demonstrate the highest standards of professional
behaviour, conduct and integrity at all times. Additionally, employees should
behave in a pleasant, co-operative and professional manner whether with the
general public, customers, business contracts or work colleagues.
DRESS CODE
It is
expected that employees appreciate the importance of proper behaviour and
appearance in business life and they ensure their dress, grooming and
appearance are appropriate to the professional business life. Your dress,
grooming and appearance should reflect favourably upon other team members in
the Company.
You warrant
that
a. in accepting this
appointment and performing your obligations and services under it, you will not
be in breach of obligations under any other employment or appointment.
b. in the event of such
breach, you and no the Company, will be wholly and solely responsible and
liable for any damages.
c. you will, prior to
accepting this appointment intimate to the Company any external education and
training courses being undertaken by you.
d. you will, prior to
accepting this appointment, disclose to the Company any prior medical history
or illness which could effect your work in the Company.
e. you will abide by the
policies and practices of the Company during your tenure of employment with the
Company.
I agree and
accept this offer of employment together with the Terms and Conditions of the
Employment as set out within.
Name :
………………………………………………………………………………………………..
Signed :
……………………………………….. Date : ………………………………………....
Address
: …………………………………………………………………………………………….
……………………………………………..………………………………………………….
………………………………………………………………….……………………………
Name
Address
Date
Non Disclosure and Code of Practice Agreement
Dear Name,
In line with
standard Company practice, you are required to adhere to specific practices and
policies, as laid down below, relating to non-disclosure and code of practice :
i.
Confidentiality –
ownership -: Any confidential information, compilation of
otherwise public information in a for not publicly known, technical processes,
designs, know how, inventions, developments, improvements, trade secrets
relating to business, dealings, transactions or finances of Company A. wherever referred to here in includes the context so admits the Company
and companies which are owned or
controlled by the Company or its holding Company and/or its/their
customers/prospective customers) which may come to your knowledge or which you
may make, create, discover, develop, introduce or invent during the course of
or incidental to your employment, stall be the
exclusive property of the Company.
ii.
Non-disclosure :- You shall not divulge to any person any information referred in para
1 above.
iii.
Non-competition:- You shall not, without the prior written consent of the Company
whether by yourself, your employees, agents, or otherwise, howsoever and
whether on your behalf or for any other person, firm, Company or organization,
directly or indirectly in India or elsewhere, be employed or engaged or
otherwise interested in any business except by way of holding shares up to 2
per cent in the share capital of a Company listed on a stock exchange.
iv.
Non-competition on
Separation:- In the event of your separation from the Company
for whatever reason, for a period of one year 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 organization which is, at the date of separation, a client
or a Prospect with whom 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
nor its group Companies..
v.
New Employment on
Severance :- You shall not, except with the consent of the
Company on severance, take up any employment or contract, whether directly or
indirectly, for a period of one year
with a customer of the Company.
vi.
Enticement:- You undertake that for a period of one year 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 has
in its employment up to six months preceding
your severance .
vii.
Customer
Restrictions :- You shall, at the request of the Company, enter
into a direct agreement or undertaking with any customer to whom you may
be seconded accepting restrictions as
such customer may reasonably require for the protection of its legitimate
interests.
viii.
Proprietary Rights in Name and Association :- You shall not, at any time after separation from the Company :
a.
Engage in any trade
or business or be associated with any person, firm or Company engaged in any
trade or business using the name(s) “Company A”.
b.
In course of carrying on any trade or business
claim represent or otherwise indicate any association with the Company.
ix.
Records :- All documents , papers and records of every kind ( written or
recorded), whether originals, copies or reproductions and whether prepared by
you or by others relating to business and finances of the company shall be the
sole and exclusive property of the Company. You will not remove any of the
above materials and will not at any time, give or disclose such materials to
any unauthorized person, or entity. Upon separation, you will return to the
Company all such materials including copies.
x.
Company Software
Policy:- You shall be responsible for using the Company /
client provided internet access and e-mail services only for business reasons.
You shall ensure you :
- do not download any unauthorized personal software that has not been
issued to the Company’s internal IT department.
- Do not send or forward e-mails containing messages or images that are
considered defamatory, profane, obscene or derogatory.
- Do no send the electronics mail system to send / receive messages with
religious or political, sexual implications, racial slurs, gender specific
comments.
- Use broadcast mail with caution and only after the required
authorization
xi Remedies :- in addition to any other
remedies which the Company may have law or in equity both parties agree that
the Company shall have the right to have all provisions of this agreement
specifically performed. The Company shall have the right to retain any amounts
otherwise payable to you to satisfy any of your obligations as a result of any
breach of this agreement.
xi.
In the event of
gross misconduct, financial irregularities, breach of confidentiality non disclosure,
refuse to carry out reasonable instructions and the like, you will be subject
to immediate dismissal and the Company will not be liable to give you pay for
any notice period. The Company, further reserves the right to other legal
recourse as it deems fit to protect its legitimate interests.
xiii Jurisdiction
:- Even though the Company may depute you overseas for on-site work, the
jurisdiction concerning your present employment will be with the courts in Delhi, which you
undertake not to contest.
Name of Signing authority
Designation
I agree to
abide by non dis-closure, code of practice and other standard rules and
regulations of the Company.
Name :
………………………………………………………………………………………………..
Signed :
……………………………………….. Date : ………………………………………....
Address
: …………………………………………………………………………………………….
……………………………………………..………………………………………………….
………………………………………………………………….……………………………
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