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Pro-Forma Suggested For Appointment Letter

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PRO-FORMA SUGGESTED FOR APPOINTMENT LETTER

To
………………………..
………………………..

Sub: Offer of Appointment for the Post of.............

Dear Sir/Madam

1. This is with reference to your application for employment and subsequent interview, we are
pleased to offer you appointment as...............................in our organisation on consolidated
salary of Rs.................. (Rupees...........................................) per month or you will be
entitled to following remuneration:

Basic :
HRA :

(Also state other allowances)

2. The management reserves the right to bifurcate the salary merging or bifurcating with any
other allowance/allowances. The terms and conditions of service will be as follows :

3. In the first instance you will be on probation for a period of six months from the date of
your joining, whereafter the probation period may be either extended at the discretion of the
management or may be dispensed with either earlier or on completion or thereafter till
confirmation. Unless confirmed in writing, you will be deemed as probationer after the expiry
of the initial or extended period of probation. Your services are liable to be terminated without
any notice or wages in lieu thereof during the initial or extended period of probation.

4. Initially your place of posting will be at............................. You are liable to be transferred
to another branch, shift, post of or place or to sister or associate or any other concern whether
in existence or which may come into existence hereafter. Your terms and conditions of service
and the emoluments will not be adversely affected when you are transferred to sister or
associate or any other concern. When required to work in the sister concern during your
normal working hours, no additional payment will be made for such work. It will be your
responsibility to make arrangement for your residential accommodation/other arrangements, if
any. Also the management can shift the place/places of working anywhere in India and in that
event you will have to make compliance for working at the new place of work and your salary
and other benefits will remain in tact. Also the management can shift the premises anywhere
in India and you will report for work at the shifted place. On transfer, you will be paid wages
as per the minimum rates either fixed and/or revised by the prescribed authority under the
Minimum Wages Act of that State which may be lesser or higher than your wages being drawn
at the time of transfer.
5. You shall bear your own taxes that shall be deducted from your salary and/or other dues.
For going on duty outside place of employment, you shall be governed by TA/DA rules of the
company, if applicable in your case.

6. After confirmation, your services are liable to termination at one month's notice on
resignation or forfeit one month's wages. In case you are incapacitated by reasons of illness,
accident or any other cause and cannot perform your duties, the Company may at its option
grant leave for reasonable time on full pay or half pay or without pay or terminate your
services. Also, if you are found suffering from any infectious/contagious disease, the Company
may at its discretion terminate your services.

7. That during the course of your employment, you will not apply or seek employment
elsewhere without written permission from the Management and in case it is so detected about
your seeking of employment, it will amount to breach of trust on your part.

8. That on cessation of your employment with us, you will be under an obligation not to join,
for period of six months, any competitor unless permitted by the management.

9. You will strictly observe punctuality. However, in exceptional circumstances expressly


explained by you, the management shall allow a grace period upto 10 minutes at the start of
your duty period but you shall not be allowed to join duties later than one hours of the starting
time and will be marked as absent. In case you will come later than 10 minutes on three days
in a months, your one day leave shall be deducted for every such three days on which you will
come late as aforesaid. The privilege of the grace period is not accumulative. Besides
deduction as stated hereinabove, disciplinary action for habitual late coming can also be
initiated.

10. You will employ yourself efficiently to the best of your ability, will devote your whole time
to the work of the organisation and will not engage yourself directly or indirectly either
honorary or on remuneration in any service, trade, business, vocation or occupation (including
agency of an insurance company or in advisory capacity). Also, you will not appear in any
examination or attend classes without prior and written approval of the management.

11. For any service or notice or communication of whatever kind, you will be informed by
ordinary post or through courier at the address given by you at the time of employment or
such other address which you may hereafter intimate to the management. The management
may also paste a copy of the letter on the notice board which shall be considered to be
sufficient service on you. It will be your duty to intimate in writing to the management
whenever there is any change of your address. Also, you will not refuse to accept any
communication as offered to you for personal delivery.

12. Absence for a continuing period of 8 days including absence when leave though applied for
but not granted and when over-stayed for a period of 8 days would make you to lose your lien
on the service and the same shall automatically come to an end without any notice or even
intimation. In such an eventuality, the Management will draw an irresistible presumption that
by remaining absent continuously and unauthorisedly, you have abandoned your job.
13. Privilege/Earned leave shall be allowed as per law. Grant of leave will depend on the
exigencies of work and shall be at the discretion of the management. Before proceeding on
leave, you will have to apply for leave 15 days in advance to the appropriate authority and
seek the prior sanction of leave. Similarly, for extension of leave, an application will have to be
made in advance so as to reach positively before the expiry of leave originally granted. Mere
submission of application will not mean that the leave has been sanctioned. The casual/sick
leave will be given as provided under the law depending upon the justification of the ground
for availing of leave and the genuine medical certificate supported with the application of
leave. Entitlement of sick leave, when covered under the ESI Act will be only when your
application will be supported by ESI Step. The Management will be within its rights to get you
medically examined to verify your alleged sickness.

14. The management shall have the right to require you to subject yourself at any time during
employment with the Company to medical examination. If you are not found medically fit, you
may be terminated at any time by giving you one month's notice or salary in lieu thereof.

15. You will be bound by rules and regulations enforced by the management, from time to
time in relation to conduct, discipline leave, holidays or any matter relating to service
conditions which will be deemed as rules, regulations and orders in the part of these terms of
employment. The Management reserves the right to modify, alter or delete the existing
service rules or to introduce fresh service rules which will be binding upon you.

16. During the tenure of service, you will keep your emoluments secret from other members
of this organisation and will treat all information coming to you as strictly confidential and the
information contained in all documents and papers and other matters relating to the company
will not be divulged by you to any person other than those of the management.

17. Your increments/promotion and demotions will depend at the sole discretion of the
management depending upon your efficiency, intelligence, regular attendance, sense of
discipline, loyalty and good behaviour and also subject to the prosperity of the organisation.

18. In case you are charged with any act of misconduct, you may be suspended from service
pending enquiry. During suspension period, you will be entitled to 50% of your salary towards
suspension allowance subject to your marking of attendance on the working days at any time
during working hours. While claiming suspension allowance, you will give an undertaking or
affidavit every month in writing that you were neither employed nor self employed during such
period. Should there be delay in enquiry/disciplinary proceedings which could be attributed on
your part, your suspension allowance will either be reduced or discontinued.

19. That in case of resignation, the Management reserves the right to accept it with immediate
effect whereas during that period, you will not join any organization without written
permission of the Management.

20. On resigning from the job, you will be required to give three months advance notice and
acceptance of three months salary in lieu of notice will be at the discretion of the management
for relieving you from the job.
21. During notice period from either party, you will not be entitled to any kind of leave.

22. That no earned leave even due will be sanctioned during one months notice period on
termination by the management or during three months notice period on resignation from the
job.

23. The continuation of your service is subject to your being found and remaining medically,
physically and mentally fit.

24. You will automatically retire without any notice on your reaching the age of 58 years.
Should you continue in service even after attaining the age of retirement, you can be retired
thereafter by giving you one month's notice or salary in lieu thereof.

25. This appointment offer is based on the information given by you to us in your
employment/personal data form and otherwise, and shall be considered null and void if a
material error/suppression or false detail is discovered therein at any time. In that eventuality,
the management can recover the payment made to you towards your remuneration during
employment.

26. If by any reasons, you quit your employment within six months of acceptance of this offer
as open two weeks (unless extended by the management) you will be liable to pay six month
of total monthly emoluments as liquidated towards the efforts made and the expenditure
incurred towards selection process.

27. Besides above conditions, you will abide by the Service Rules/Regulations or standing as in
operation besides office orders which are issued from time to time. The Service
Rules/Regulations can be modified/replaced by the Certified Standing Orders which will be
binding upon you.

In case the terms and conditions are acceptable to you, please sign the duplicate of this letter
in token of your having understood and having accepted the same and return the same.

Yours faithfully,

For and on behalf of the Management

Authorised Signatory

DECLARATION

I have read/understood the above terms & conditions and agree to abide by them.

Signature

Notes :
(i) Although the term ‘consolidated salary' has been used in the opening para which is very
common for those who are initially appointed on probation, but at the same time it is clarified
that once an amount of salary is subjected to deduction for EPF & ESI contributions, the same
can be reduced while bifurcating the salary.

(ii) On transfer of an employee it is desirable to give travel expenses depending upon the
status of the employee.

(iii) The clause pertaining to abandonment of service by an employee will not be strictly
applicable in case when an employee happens to be a workman under clause (s) of section 2
of the Industrial Disputes Act since holding of an enquiry will be necessary in view Supreme
Court ruling in D.K. Yadav vs. JMA Industries, 1993 LLR 583 but this clause will be squarely
applicable to those who are excluded from the purview of ‘workman'.

(iv) The probation period should be different from that of standing orders either model of
certified.

(v) No employee can be prohibited joining any other concern including the competitor since it
will amount to violation of the principle of public policy under section 27 of the Indian Contract
Act nevertheless such clause is appearing in the appointment letter in anticipation of some
amendment which is desirable.

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