Employment Agreement Tech Team
Employment Agreement Tech Team
Employment Agreement Tech Team
This employment agreement (“Agreement”) is made on this the 8rd day of Nov21 at Bangalore
(“Agreement Date”).
BETWEEN:
AND
(The Company and the Employee are hereinafter collectively referred to as the “Parties” and
individually as a “Party”).
WHEREAS:
A. The Employee has applied to the Company for appointment to the post of and has
represented that he/she is qualified for the said post and competent to carry out the
functions expected by the Company of an incumbent to the said post.
B. The Company, relying on the representations of the Employee, is desirous of engaging the
Employee on the terms and conditions set out herein.
1. ENGAGEMENT
The Company hereby engages the Employee as QAE 1 with effect from 8 Nov 21 on the
terms and conditions set out in this Agreement and the Employee hereby accepts such
engagement.
2. TERM
2.1 The employee shall be under Probation for the first 3 (three) months from his/her date of
joining. Confirmation of the employment shall be communicated by the Company to the
Employee in writing on or before expiry of the Probation, in absence of which he/she
shall deemed to be terminated at the expiry of the probation terms. During the
Probation, either Party can be terminated the employment by giving a notice in writing
of 15 (fifteen) days or remuneration in lieu of notice, without giving a reason.
Remuneration for the purpose of this clause shall be the Basic Salary of the Employee.
2.2 Upon such confirmation by the Company, the term of the Employee’s employment with
the Company shall be valid until terminated in accordance with Clause 7.1 below
(“Term”). On the expiry of the Term, the Parties may extend the engagement of the
Employee for a further period subject to mutual agreement.
2.3 In case of interns and fresher after confirmation, the employee shall have to complete 1
(one) year of his/her employment period and if the Employee does not complete 1 (Year)
in the company, the employee has to pay back Rs. 1,00,000/- compensation to the
Company. If the Company observes that the Employee does not comply with this clause,
the Company has every right to take appropriate legal action against the Employee.
3.1 The Employee shall be required to perform such tasks which may be assigned to him/her
from time to time, which are commensurate with his/her designation and experience.
3.2 The broad duties and responsibilities to be discharged by the Employee are detailed in
Annexure - hereto.
3.3 While the Employee’s reporting location will be Bangalore, India, he/she may be
required to be located elsewhere as per the requirements of the Company or travel
extensively within India and/or abroad in the performance of any duties or
responsibilities assigned to him/her.
3.4 The Employee shall, in the discharge of his/her duties, be required to report to the Chief
Technology Officer (CTO) or any other person as may be specified from time to time.
3.5 The performance of the Employee shall be reviewed periodically by the Company. Salary
increment is discretionary and will be, inter alia, based on the Employee’s performance
and the Company’s business results for the period under review.
4.1 The Employee will be required to work between 9.30AM and 6.30PM (Monday to
Saturday). The Company may, from time to time, subject to applicable laws require the
Employee to work beyond these hours.
4.2 The Employee shall be entitled to earned leave of 18 (eighteen) days and casual cum sick
leave of 12 (twelve) days in a calendar year. This entitlement shall be calculated on a pro
rata basis. The Employee shall avail such leave in accordance with the Company’s policy.
4.3 For availing leave, the Employee needs to inform the Chief Technology Officer (CTO)
and/or such other persons in the human resources department (in accordance with the
Company’s policy) in advance and seek approval for the same.
5.1 The Employee’s annual gross compensation will be Rs. 2,80,000 (Two Lakh Eighty
Thousand Only). The detailed break up and other benefits are enclosed as Annexure –
A. The payment of any amounts by the Company will be subject to the deduction of tax
at source and other statutory withholdings as may be applicable. The Employee will be
responsible for the payment of any tax on his income from the Company. The monthly
compensation will be paid to the Employee in arrears on the last week of every month in
accordance with Company’s policy. The compensation offered to the Employee shall be
reviewed at the discretion of the Company and the Company reserves the right to change
the structure of the salary/compensation from time to time, with a prior intimation to
the Employee.
5.2 The Employee shall be governed by the Company’s policies and rules regarding provident
fund and leave encashment as applicable.
5.3 The Company’s contribution to any statutory funds or social security will be limited to
the minimum stipulations in law and any higher contributions will be considered
voluntary at the discretion of the Company. Where the Company makes any higher
contributions, the same being voluntary as stated above, may be subject to appropriate
revisions from time to time at the discretion of the Company.
5.4 The Employee shall not discuss his compensation stated hereinabove with the other
employees as the same is a personal matter between the Employee and the Company.
6. CODE OF CONDUCT
6.1 The Employee shall, in the course of his/her employment, be required to adhere to and
follow all applicable laws, and the Company’s policies and instructions as applicable
from time to time. Each of such policies will be deemed to be a part of this Agreement
and shall constitute the understanding between the Company and the Employee
governing the terms of the employment.
6.2 The Employee is aware and acknowledges that the Company is committed to the
promotion of an environment that values the diversity of the workforce and is free from
discrimination on the basis of race, color, sex, sexual preference, age, physical or mental
disability, marital status, family responsibilities, pregnancy, religion, political opinion,
national extraction or social origin. The Employee shall be required to observe this policy
at all times during the course of employment with the Company.
7. TERMINATION
7.1 After the Probation period, either party may terminate this Agreement by giving to the
other party the Notice of 60 days ( hereinafter referred to as “Notice period”) in writing.
However, the Company may, at its sole discretion, retain the right to require the
Employee to serve the Notice Period in the event of termination of this Agreement.
7.2 Notwithstanding anything to the contrary contained herein, the Company may
terminate the services of the Employee at any time, with immediate effect (without
notice or salary in lieu thereof as contemplated in clause 7.1 above), for Cause. For the
purposes of this Agreement, “Cause” is defined as misconduct, including but not limited
to the following conduct by the Employee:
(a) Fraudulent, dishonest or undisciplined conduct, or breach of integrity;
(b) Misappropriation or misuse of Company property;
(c) Insubordination or failure to comply with the directions given by persons so
authorized;
(d) Conviction for any offence involving moral turpitude;
(e) Breach by the Employee of any terms of this Agreement or of any Company policy or
other documents or directions of the Company or its authorized representative;
(f) Irregularity in attendance;
(g) Persistent unsatisfactory work performance, or neglect of duties;
(h) Other conduct by the Employee which is regarded by the Company as prejudicial to
its own interests; or
(i) Taking any actions or decisions in relation to the affairs of the Company, without the
prior written approval of the requisite persons in the Company as may be specified from
time to time1.
7.3 If the Employee remains absent for a period of three (3) or more consecutive working
days without authorized leave, or remains absent for a period of three (3) or more
working days without authorized leave beyond the period of leave originally granted or
subsequently extended, the Company may at any time thereafter, give a notice to the
Employee at his last known address calling upon him to report back for work and seek
an explanation in writing, for such absence within 5 (five) calendar days of the date of
notice, and unless the Employee reports for duty within such time and gives satisfactory
explanation for his absence, he will be deemed to have voluntarily resigned/ abandoned
his employment. However, if the Employee reports for work and submits a satisfactory
response within the time stipulated, the Employee may be permitted to resume duty,
without prejudice to the right of the Company to take suitable action.
7.4 The Company reserves the right to require the Employee to not attend to work and/or to
not undertake all or any of his duties of employment during any period of notice
(whether given by the Employee or the Company), provided that the Company shall, in
the circumstances contemplated in Clause 7.1 herein, continue to pay the Employee his
salary and applicable benefits for the duration of the notice. The Employee agrees that
his/her obligations of confidentiality, good faith, loyalty and fidelity shall continue to
remain in force, notwithstanding the notice period.
7.5 On termination of employment with or without Cause, the Employee must immediately
return to the Company, in accordance with its instructions, all equipment,
correspondence, records, specifications, software, disks, models, notes, reports and other
documents and any copies thereof and any other property belonging to the Company
(including but not limited to the Company’s property, keys, credit cards, equipment and
passes) which are in his/her possession or control. The Employee must, if so required by
the Company, confirm in writing that he has complied with his obligations under this
Clause.
The Employee agrees that all intellectual property, including without limitation, any
inventions, improvements, discoveries, data, databases, compilations of statistical,
demographical or other data, whether in hard copy or electronic form, recordings, works
of authorship, programming tools, reports, designs, analysis, user or procedural manuals
and other supporting material, summaries, literature, test results, recommendations,
drawings and work papers, concerning the business of the Company and/or the
Company (collectively referred to as “Intellectual Property”) compiled or prepared by
or invented by the Employee during the Term, either alone or jointly with any other
Person(s), which relate to or are connected or are associated or are capable of being
associated with the Company’s business activities, is the sole and exclusive property of
the Company. The Employee will disclose fully to the Company such Intellectual
Property, both while in the employment of the Company and thereafter, and at the
request of the Company, take such steps as may be necessary for the Company to obtain
applicable protection for such Intellectual Property. The Employee hereby assigns
absolutely and beneficially all such Intellectual Property to the Company. The Employee
hereby agrees to, at the expense of the Company, assign absolutely and beneficially all
such Intellectual Property to the Company or as it may direct and the Employee shall
execute such documents and take such actions as may be required by the Company in
this regard. It is clarified that the Employee will not be entitled to any additional
compensation for the aforesaid, but the Company will meet the expenses incurred in
connection with the same. The Employee further agrees that, notwithstanding the
provisions of Section 19(4) of the Indian Copyright Act, 1957, the assignment in terms of
this clause shall not lapse nor the rights transferred therein revert to the Employee, even
if the Company does not exercise the rights under the assignment within a period of 1
(one) year from the date of such assignment. The Employee hereby agrees that he will
waive any right to and will not raise any objection or claims before the Copyright Board
or any other appropriate authority with respect to, the assignment, pursuant to Section
19A of the Indian Copyright Act, 1957.
9.1 The Employee covenants that he/she shall not do or indulge in any of the following,
without prior written consent of the company.
a) Compete: During the employment period and for the period of at least 1 (One) year
after the Employment Period , the Employee shall not directly or indirectly carry on,
assists, engage in, be concerned or participate in any business /activities (whether
directly or indirectly, as a Partner, Shareholder, Director, Principal, Agent, Employee,
Consultant or any other capacity or manner whatsoever) which is similar to the
business of the Company nor engage in any activities which conflicts with the
employee’s obligations to the company. The Employee shall not engage in any acts or
deeds which could be detrimental to the interests of the Company, affect the
reputation of the Company or cause the Company to be involved in any legal, ethical
or other controversy or commit any other acts or deeds that are in breach of the
Company’s policies.
b) Solicit Business: During the employment period and for a period of at least 1 (one)
Year after the Employment period, the Employee shall not solicit, endeavor to solicit,
influence or attempt to influence any client, existing of prospective customers or
other person directly or indirectly to purchase his products in lieu of the Company’s
Product and/or services to any person, firms, corporation, institution or other entity
in competition with the business of the Company.
c) Solicit Personnel: During the employment period and for a period of at least 1 (one)
Year after the Employment period, the Employee shall not solicit ot attempt to
influence any person employed or engaged by the Company (whether as in Employee,
Consultant, Advisor or in any other manner) to terminate or otherwise cease such
employment with the company or become the Employee of or directly or indirectly
after services in any form or manner to himself or any person or entity which is
competitor of the Company.
9.2 The Employee acknowledges and confirms that the restrictions in this clause 9.1 are a
material term of this Agreement and that the Company has agreed to employ the
Employee and make payment of the amounts detailed in Clause 5, inter alia, on the basis
of this undertaking and commitment by the Employee.
9.3 The Employee acknowledges and agrees that violation of the covenants and obligations
with respect to non- compete and non – solicitation as stated above will cause the
Company irreparable loss and injury. Therefore the Employee agrees that the Company
shall be entitled to take an interim injunction, restraining order or such order equitable
relief as a court of competent jurisdiction may deem necessary and appropriate to
restraining the employee from committing any violation of the covenants and obligations
stated in this clause.
10. CONFIDENTIALITY
10.1 The Employee shall not at any time during or any time beyond the Term, or after
termination of his employment, use or gain or divulge any information relating to any of
the affairs or secrets of the Company’s business, Company’s product schematics,
drawings, data, database, research and development, product and property plans,
designs, protocols, prices, finances, marketing plans, business opportunities, personnel
related information, sales and customer information, business policies, practices and
strategies, information received from other entities which the Company is obligated to
keep confidential, to any person, firm or company without the previous consent in
writing of the Company nor shall he/she use or attempt to use any information which
could injure or cause loss or be calculated to cause loss or injury to the Company or any
of its contracting parties.
10.2 The Employee shall at all times keep the affairs or secrets which he may come across
during his employment with the Company unto himself/herself. To the extent that the
Employee has agreed to confidentiality or non-disclosure agreements in prior
employment relationships, he agrees to comply with such agreements and to not use or
disclose the confidential and proprietary information of others, in connection with
his/her employment with the Company.
10.3 The Employee must comply with the Company’s policies on the use of Email, internet
and computers belonging to or provided by the Company to Employee during the
Employment period.
10.4 The Employee shall not authorize to use the Internal Applications Source Code (“source
code” means anything written in a computer programming language, including
software that is executed on a computer and firmware that is executed within a
dedicated hardware component; source code does not include design materials,
documentation or compiled object) . at any time during or any time beyond the Term, or
after termination of his employment, if the Company observes this kind of activities, the
Company shall reserve the right to take appropriate legal action against that Employee
under the purview of Criminal/Civil/IT Law of India.
10.5 Unauthorized use of the internet credential and Company’s confidential data will be
regarded to the serious misconduct and may lead to his/her summary dismissal. In this
case Company has every right to take appropriate legal action against the employee
under the purview of Criminal/Civil/IT Law of India.
11. WARRANTY AND UNDERTAKING
The Employee represents and warrants that he is not subject to any agreement,
arrangement, contract, understanding, court order or otherwise, which in any way
directly or indirectly, restricts or prohibits him from fully performing the duties of his
employment, or any of them, in accordance with the terms and conditions of this
Agreement.
This Agreement and the Company policies, with effect from April 01, 2021 as amended
and applicable from time to time, supersedes, terminates, and replaces any and all other
agreements or statements between the Parties, written or otherwise, relating to the
subject matter hereof and constitutes the entire understanding between the Parties in
relation to the Employee’s engagement with the Company.
13. NOTICES
13.1 All notices hereunder shall be given to the Parties at their respective addresses set forth
above until a new and different address shall be duly notified to the other party.
13.2 Any notice, direction or other instrument required or permitted to be given under this
Agreement shall be deemed to have been validly and effectively given on the recorded
date of delivery or receipt.
14. REMEDIES
14.1 Without limiting the remedies available to the Company, the Employee acknowledges
that a breach of any of the covenants in this Agreement, including specifically Clauses 8,
9 and 10, may result in material and irreparable injury to the Company and/ or its
affiliate/associate companies, for which there is no adequate remedy at law, and that it
may not be possible to quantify the damages suffered as a result of such injuries. The
Employee agrees that if there is a breach or threatened breach, the Company, or any of its
affiliate/associate companies, shall, without prejudice to its other rights under this
Agreement or at law or equity, be entitled to apply for specific performance or injunctive
or other equitable relief against the Employee.
14.2 All remedies provided by this Agreement are cumulative and not alternative. The
recourse by the Company to one remedy shall not preclude it from seeking another
remedy available to it under this Agreement or under applicable laws.
15.1 If any dispute arises amongst the Parties hereto, during the subsistence of this
Agreement or thereafter, in connection with the validity, interpretation, implementation
or alleged breach of any provision of this Agreement or regarding a question, including
the questions as to whether the termination of this Agreement has been legitimate, the
Parties shall endeavor to settle such dispute amicably.
15.2 In the case of failure by the Parties to resolve the dispute in the manner set out above
within 30 (thirty) days from the date when the dispute arose (or such longer period as
the Parties may agree to in writing), the dispute shall be referred to a sole arbitrator,
jointly appointed by the Company and the Employee. The arbitration shall be held in
Bangalore under the Arbitration and Conciliation Act, 1996, as amended from time to
time. The proceedings of the arbitration shall be conducted in the English language. The
costs and expenses of the arbitration, including without limitation, the fees of the
arbitrator, costs incurred in relation to the arbitral proceedings, reasonable fees of the
attorneys, shall be borne by the Parties in the manner decided by the arbitrator.
15.3 The arbitral award is final and binding upon both the parties and the arbitrator's award
shall be substantiated in writing. The Parties shall submit to the arbitrator's award
which shall be enforceable in any competent court of law.
15.4 The provisions of this Agreement shall be governed by, and construed in accordance with
the laws of India. Subject to and without prejudice to Clause 15.2 above, the Parties agree
that the courts at Bangalore shall have the exclusive supervisory jurisdiction to provide
equitable relief or to enforce any award.
16. MISCELLANEOUS
16.1 Each covenant contained in this Agreement shall be construed as a separate covenant
and if one or more of the covenants is held to be against public interest or unlawful or in
any way an unreasonable restraint of trade, the remaining covenants shall continue to
bind the Employee.
16.2 If any covenant contained in this Agreement would be determined as void but would be
valid if the period of application were reduced or if some part of the covenant were
modified, the covenant in question shall apply with such modification as may be
necessary to make it valid and effective.
16.3 The Employee shall be bound by all the general terms and conditions applicable to
employees of the Company under the applicable laws and the Company’s policies.
16.4 The Employee agrees that the provisions of this Agreement are reasonable, in view of the
nature of the Company’s business and the high degree of sensitivity of the Employee’s
employment with the Company given the nature of the duties and responsibilities and
the information and other details that the Employee will have access to while in the
employment of the Company. The Employee also agrees that his/her employment with
the Company and salary and benefits under this Agreement constitute sufficient
consideration for the covenants and other obligations contained in this Agreement.
16.5 The provisions of Clauses 8, 9, 10, 13, 15 and 16.5 shall survive the expiry or termination of
this Agreement.
16.6 The Employee acknowledges that the services to be rendered under this Agreement are
unique and personal. Accordingly, the Employee shall not be entitled to assign any of
his/her rights or obligations under this Agreement. However, the Company is entitled to
assign its rights and obligations herein, either in whole or in part, to any of its parent,
subsidiary or affiliates.
1 Basic 9,333
2 HRA 3,733
Total 22,120
Total 23,333