1. REMUNERATION:
(i.) You will be entitled for wages as per Principal Employer decision or wages decided by concerned Government based on your actual attendance (certified and approved by reporting officer). This will be disbursed to you in accordance with the prevailing standard plans of the company’s information on which will be provided to you upon joining the company. Going forward due to any change in compliances or statutory obligations, we may need to change the structure of your salary as applicable.
(ii.) You shall not be entitled to any kind of medical allowance or any other allowance from the company. There is no medical responsibility of the company in case of any mis- happening, accident, and death during the tenure of the contractual employment at the premises or place of working or at any other place. No compensation can be claimed. However, ESI shall be obtained, if applicable.
(iii.) No bonus payment shall be applicable. However, in any case some bonus is being declared by the Principal Employer it shall be given to you; provided you meet all the conditions laid down by the company.
2. L EAVES
As per Leave Policy of the Principal Employer
3. F ULL & FINAL SETTLEMENT & EXPERIENCE CERTIFICATE
(i.) The Full and Final will be settled after the successful completion of the Contractual employment & after receiving the No Dues Certificate from the Head of concerned Department where you have been posted. Without No Dues Certificate, Full and Final amount will not be cleared. Full and Final amount will be cleared after one month of the receipt of No Dues Certificate. This amount is to cover up the penalties & maintain discipline & regularity of the work assigned to you.
(ii.) Experience Certificate shall be issued only in case of completion of minimum six months tenure and can be claimed within
one month of relieving from duty & can be issued only if performance is satisfactory and after obtaining No Dues
Certificate from Head of concerned department.
4. SCOPE & DUTIES
(i.) You shall perform and discharge the duties of obligation which may be assigned to you by the company from time to time, faithfully, diligently to the best of your ability, in the interests of the Company and in a manner consistent with Company’s policies. You shall be responsible for maintaining all the records pertaining to the work assigned to you.
(ii.) You are responsible for performing the services well in office time. However if the services are delayed beyond office hours, no overtime would be paid. However, one weekly rest will be allowed. All deductions like TDS etc. will be there as per law. No TA/DA will be paid and you are required to join at the place of posting at your own expenses. No leave encashment or any paid leave will be given except the holidays fixed in advance for festivals.
It is mandatory to wear uniform while on duty, even if it is not provided by the Company. In case, you found without
wearing uniform and penalty will be imposed by the competent authority in lieu of this, the same shall be recovered from
you.
(iii.) It has been informed by you along with EPF Form No.11 that you are not an EPF Subscriber & no EPF was deducted at your previous Employment (if applicable).
5. CODE OF CONDUCT
(i.) You shall, at all times, be required to carry out such duties and responsibilities as may be 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.
(ii.) You shall not, except with the written permission of the company engage directly or indirectly any other Business, Assignments, Occupation or Activity, whether as a Principal Agent or otherwise, which will be detrimental, whether directly, or indirectly, to the Company’s interests.
(iii.) You shall keep strictly confidential details of your salary and employment benefits within and outside the Company.
(iv.) You shall adhere to punctuality strictly. Late arrival, early departure and short leaves shall not be permitted. In case, you are absent on a particular day or come late or leave early on three occasions, proportionate deduction for one day from salary will be made.
(v.) You shall not disclose or divulge any confidential information related to the Company’s business or its customers which may come to your knowledge or notice.
(vi.) You shall not engage in any act subversive of discipline in the course of your assignment/s to the property of Company or outside, and if you were at anytime found indulging in such act/s, the management reserves the right to initiate disciplinary action as is deemed fit, against you, up to the extent of termination of the contractual employment.
(vii.) If at any time it is observed by the company, that data/documents in any manner have been manipulated or tempered by you directly or indirectly or any of your action has resulted in financial loss to the company, the company may without any prejudice has the right to initiate criminal proceedings and may impose penalty on you for consequential losses.
(viii.) You shall not engage in any act subversive of discipline in the course of your assignment/s to the property of Company or outside, and if you were at anytime found indulging in such act/s, the management reserves the right to initiate disciplinary action as is deemed fit, against you, up to the extent of termination of the contractual employment.
(ix.) If at any time it is observed by the company, that data/documents in any manner have been manipulated or tempered by you directly or indirectly or any of your action has resulted in financial loss to the company, the company may without any prejudice has the right to initiate criminal proceedings and may impose penalty on you for consequential losses.
(x.) Any Penalty, if imposed, by the company due to reasons whatsoever related to your negligence/non satisfactory performance or any other, which is solely under your control, you are required to deposit the said amount of penalty so imposed by the way of DD in favour of Company within 15 days from the date of imposition, of penalty in such event. The company also reserves all the rights to terminate your employment and shall be entitled to recover damages due to your negligence /unsatisfactory performance. You shall also indemnify Company for any such loss which becomes known even after the expiry of this contract. If any criminal/ civil case is registered against you due to any negligence/ non-satisfactory performance during your tenure, then it will be entirely your responsibility. The above mentioned losses shall also be deemed to include loss due to any award/ decree of any court/ arbitrator judicial or quasi-judicial authority.
(xi.) You shall at no point of time stake any claim or right to claim employment, damage, loss or compensation of any sort whatsoever against the company. This is purely a contractual employment for the said period as specified in this agreement.
(xii.) You will not take part in any strike or any other activity which will hamper the smooth functioning of the work assigned to you. In case, you are found to be involved in any such activity the management reserves the right to initiate disciplinary action as is deemed fit, against you, up to the extent of termination of the contractual employment.
6. TERMINATION OF EMPLOYMENT
(i.) This contractual employment shall remain in force until:-
(a) Determined in writing with consent of the Principal Employer.
(b) The agreement With Principal Employer terminates;
(c) The Company agreement expired
(d) The Employee in order to terminate his/her services must give in writing notice of termination as provided below;
(ii.) Company reserves the right not to relieve you of your service in the event that all company documents & property of the Company in your custody have not been properly handed over by you to an authorized representative.
(iii.) Absence for a continuous period of 02 days without a prior approval of your superior, (including overstay of leave/ training), can lead to immediate termination of your services without any notice or explanation.
(iv.) During notice period, you will remain bound by all of the express and implied obligations arising out of your employment with the company, including the obligations of good faith. You will co-operate with the company, as reasonably requested by the company, to effect a transition of your responsibilities and ensure that the company is aware of all matters being handled by you. However, you may, at the Company option, be required to cease to render all or some of your duties, and/or to remain away from office premises and not work for anyone else, during all or part of notice period.
7. TERMINATION FOR CAUSE
Your employment shall be liable to termination upon:
(i.) Any material breach of the terms of this letter of offer or any representation made by you herein.
(ii.) Any material breach of the Company Polices
(iii.) Any action or omission on your part which is in Conflict with the interests of the Company or found you guilty for dishonesty, willful to disobey the orders or breaking up the Code Of Conduct.
(iv.) Further, In case of working or any situation like resignation from current company, you are not eligible for Interview participation or for employment purpose with any of our competitors in nearby location without the written consent from the Company.
(v.) In case you are found guilty of criminal, civil offences by any competent authority OR under any pre-contract verification initiated by the Company OR match any known
(vi.) regulatory/financial/ terrorist blacklists including OR you are identified to be engaged in any criminal activity during the term of this agreement.
(vii.) If the Company do not require your services any more (reason not required).
(viii.) If leaves taken by you without written permission of the Company.
(ix.) Any other reason recognized in law for dismissal of Employees.
(x.) Reasons mentioned in other clauses of the agreement
(xi.) In the above cases, the Company shall not be required to provide you with any notice prior to termination of your employment, and the Company shall not be obligated to make any
(xii.) further payments to you (other than any accrued and unpaid salary and expenses to the date of termination), or continue to provide any benefit (other than any benefit which may have accrued pursuant to any plan or as required by law,whichever is lower) to you.
8. OST TERMINATION OBLIGATIONS
Upon termination of your employment with the company for any reason, you will promptly return to the Company any keys, credit cards, identity cards, passes, notebooks, notes, confidential documents, particulars related to Company Policies, correspondence, material, or other property belongs to the Company, and return all writing files, records, correspondence, notebooks notes and other documents and things (including any copies thereof) containing Confidential, Information (as defined in the Annexure of Standard Terms and Conditions) or relating to the business of the Company or its clients, subsidiaries or affiliates. The Company reserves the right not to relieve you from your employment in the event that all the above particulars have not been properly handed over by you to a representative of the Company.
9. DISPUTE RESOLUTION
In case of any dispute or difference arising out of implementation or interpretation of any clause of the agreement, it will be endeavored to be settled by mutual negotiations failing which the matter shall be referred to the sole arbitrator i.e Director, Thanks Powers Private Limited (within one month of dispute) whose decision shall be final and binding on both the parties. The arbitration shall be conducted in English language and the venue for the same shall be Agra (U.P)
10. LEGAL JURISDICTION
(i.) Subject to provision of code of conduct, the courts Agra (U.P) shall have exclusive jurisdiction with respect to this letter of offer and other matters relating to your employment with the company.
(ii.) You acknowledges and agrees with the Company that your activities have a direct bearing on the Company’s goodwill and therefore you shall not within a radius of 200 miles from the Company place of business be directly or indirectly interested, engaged or concerned or in any other way assist (whether as principal, partner, shareholder, director, agent, employee, contractor, consultant, trustee, beneficiary or otherwise) in outsourcing business that has similar business with the Company for a period of 3 years commencing from the date on which either party gives or receives notice terminating the Employment Agreement and whether or not you physically continues to work for the company thereafter.
(11.) You acknowledge and agree with the Company that you will not:
(a) Directly or indirectly canvass, solicit or attempt to solicit, serve or act for any person, firm, corporation who or which has been past, present or perspective client of the Employer in any work that is of the same or similar nature as that which the Employee undertook or performed for or was done by the Employer or by any other employee or contractor of the Employer for a period of 3 years commencing from the day after the Employee’s
(b) Employment actually ceasing or the day after any period of notice of termination as required by the Employment Agreement has ended, whichever is the latter; nor
(c) Employ or offer employment or cause employment or any other engagement or arrangement to be offered to any person who was an employee or contractor of the Employer at any time in the 5 years period prior to the Employee’s employment actually ceasing or the day after any period of notice of termination as required by the Employment Agreement has ended, whichever is the latter.
(d) If the employee is in breach of any of the conditions in this agreement, the Employee not only shall be liable to pay to the Employer by way of liquidated damages of Rs. Two Lakhs together with the amount earned by the employee while working but shall also be liable for criminal proceedings as warranted by law under the Indian Penal Code and Information technology Act for Data theft, cheating, committing fraud and criminal breach of trust.
12. Employee will be governed by the Employer’s rules and regulation (as well as practice) as enforced from time to time. In respect or matter not covered by this Letter of Employment, Company’s decision on all such matter shall be final & binding on you.
13. Violation of any clause of this contractual appointment will attract penalty and termination.
14. You can apply for any claims/dues/pending salaries within 30 (Thirty) days of the successful completion of the work or completion of notice period in case of resignation. No claims will be entertained afterwards and company will not be responsible for any kind of dues.
15. You are required to undergo police verification and the report to this must be submitted within 15 days of your appointment.
We are pleased that you are interested in joining us and look forward to working with you. Please confirm your acceptance to this letter of offer by signing & returning the anchors duplicate of the same.
Yours sincerely
Read, Agreed & Accepted
