Employment Agreement - Template, Sample Form Online Pro · IN-law

TERMS AND CONDITIONS OF EMPLOYMENT

Date: ________

From:

________
________
CIN: ________

To:

________
________
PAN: ________
Aadhaar No.: ________

Re: Employment with ________

Dear ________,

We are pleased to offer you ("You" or the "Employee") employment with ________, a company incorporated under the Companies Act, 2013, having its registered office at ________ ("Employer"), on the following terms and conditions. This letter, upon your acceptance, shall constitute a binding contract of employment within the meaning of the Indian Contract Act, 1872.

§ 1. Type of Employment

(a) The Employee will be employed on the following basis: ________.

§ 2. Commencement of Employment

(a) Your employment with the Employer (the "Employment") shall be effective from the Commencement Date, which shall be the later of:

(i) ________; and

(ii) Your providing the Employer with copies of valid proof of identity and age (such as passport, Aadhaar or birth certificate), all documents pertaining to your educational and professional qualifications, and references from your previous employers (if any), to the Employer's satisfaction.

(b) You shall be employed with the Employer as ________. The Employer reserves the right to change your designation from time to time at its discretion.

(c) Your period of continuous Employment with the Employer shall be calculated from the Commencement Date.

(d) You warrant and represent to the Employer that you will not breach any obligation binding on you by reason of entering into this agreement or performing any of your duties and obligations under it or any other third-party contractual obligation.

(e) You warrant that all information relating to you and provided by you to the Employer is true and accurate, and you acknowledge that any material misrepresentation may constitute grounds for termination.

§ 3. Probation

(a) You shall be on probation for a period of ________ from the Commencement Date. During this period, the Employer may terminate your Employment by giving you ________ days' prior written notice. You may terminate the Employment during the probationary period by giving the Employer ________ days' prior written notice. If during the probationary period you give notice of less than ________ days or purport to terminate the Employment prior to completion of the ________ days' notice period, you agree to pay the Employer the proportionate part of your salary for the unfulfilled part of the notice period.

(b) At the end of the probationary period, the Employer shall either:

(i) if satisfied with your performance and suitability for continued employment, confirm the same in writing; or

(ii) terminate your Employment upon giving you ________ days' prior written notice.

§ 4. Compensation & Benefits

(a) As compensation, you shall be entitled to receive a Cost to Company ("CTC") of Rs. ________ (________) per annum.

(b) Salary shall accrue on a daily basis and be payable monthly in arrears by the day ________ of the subsequent month by transfer to your bank account. "CTC" comprises your total cost to the company and includes all payments and benefits provided by the Employer directly or indirectly to or on your behalf, whether as salary or otherwise, including statutory contributions towards the Employees' Provident Fund under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and Employees' State Insurance under the Employees' State Insurance Act, 1948, where applicable.

(c) You shall be entitled to a one-time joining bonus of Rs. ________ (________) at the end of a period of ________ from the Commencement Date. To receive this bonus, you must be in service and not under any notice of termination on the date appointed for its payment.

(d) The Employer will formally review your performance annually. However, if you have not completed six (6) months of Employment by the last date of the month in which the performance review takes place, your first review shall take place at the same time in the following year and annually thereafter.

(e) The Employer is under no obligation to increase your CTC as a result of any performance review. Any revision in the CTC following a review shall be effective from, and subject to, such terms and conditions as the Employer shall deem fit.

(f) The Employer may, in its discretion and based on your performance, pay an annual bonus ("Bonus") of up to ________% of your fixed CTC. Any statutory bonus payable under the Payment of Bonus Act, 1965 (where applicable) shall be paid in accordance with the said Act, and any discretionary Bonus shall be in addition to or set off against such statutory entitlement as permitted by law.

(g) To be eligible for consideration for the Bonus, you must have completed ________ of continuous service; however, the Employer may, based on your performance, consider a pro-rata Bonus before completion of ________. To receive the Bonus, you must be in service and not under any notice of termination on the date appointed for payment.

(h) The Employee acknowledges that the compensation and benefits described in this agreement constitute the sole compensation to which the Employee is entitled in consideration for the performance of the Employee's Duties.

(i) It shall be your sole responsibility to meet all requirements under Indian tax laws in respect of all payments made or benefits given under this contract. The Employer shall be entitled to deduct tax at source under the Income-tax Act, 1961 and make such other statutory deductions as are necessary, and shall furnish Form 16 to you evidencing the deductions made.

(j) No liability shall attach to the Employer for your failure to pay any taxes and imposts, and you agree to indemnify and hold harmless the Employer from and against any losses, costs, expenses, claims or demands arising out of or connected with your failure to pay such taxes or imposts.

(k) The Employer shall be entitled, at any time during your employment or on its termination, to deduct from your remuneration and any sums reimbursable to you any monies due from you to the Employer, including outstanding advances, payment for excess leave, overpayment of salary and any other monies owed by you, subject to and in accordance with the applicable provisions of the Payment of Wages Act, 1936 and the Code on Wages, 2019.

§ 5. Duties & Obligations

(a) The Employee will perform all tasks and accept all duties and responsibilities reasonably requested by the Employer from time to time (the "Employee's Duties"). In particular, the Employee shall have the following duties:

________

(b) Your duties include those that would be expected to fall within your job title or such other duties, consistent with your status, as may reasonably be assigned to you from time to time to meet the needs of the Employer.

(c) The Employer may from time to time make reasonable changes to the position description or to the Employee's Duties, provided such changes are reasonable in the context of the Employer's industry and the Employee's position.

(d) The Employer and the Employee may from time to time agree to make changes to the position description or the Employee's Duties.

(e) The Employee agrees to perform the Employee's Duties in accordance with: (i) this agreement; (ii) the lawful directions, instructions and orders of the Employer; and (iii) the Employer's guidelines, manuals, policies and procedures as they exist from time to time.

(f) The Employee must perform the Employee's Duties in good faith, having regard to the best interests of the Employer, in a careful, conscientious and professional manner, and to a standard reasonably expected of a person with the Employee's skill, training and experience.

You shall:

(g) devote your whole time, attention and ability solely and exclusively towards the performance of the duties assigned to you during the Employer's normal business hours and at such other times as may be necessary;

(h) abide by the Employer's HR Policy as notified from time to time; in the event of conflict between the HR Policy and this contract, the provisions of this contract shall prevail;

(i) properly and faithfully serve the Employer and use your best endeavours to protect and further its interests and reputation; and

(j) except when prevented by emergency, illness or accident, devote the whole of your attention and skill to the affairs of the Employer and adhere to all lawful policies established by the Employer.

§ 6. Location of Employment

(a) You shall be employed at the Employer's office at ________, or such other place as the Employer may require from time to time.

(b) The Employer may, at its discretion, transfer you to any other office of the Employer within India or abroad.

(c) You agree to travel to such parts of India and the world as necessary for the discharge of your duties as the Employer may direct or authorise.

§ 7. Office Hours

(a) The Employer's normal business hours are:

________

(other than on holidays notified in writing by the Employer from time to time).

(b) The Employee will be expected to work ________ hours a week, subject to the limits on working hours prescribed under the applicable Shops and Establishments legislation and the Code on Wages, 2019.

(c) Office hours may be amended by the Employer from time to time. Where the Employer requires you to work additional hours, payment shall be made as follows: ________, in accordance with the applicable statutory provisions relating to overtime.

§ 8. Holidays and Leave

(a) You will be entitled to ________ public holidays in every calendar year, in addition to such holidays as may be notified by the Employer from time to time.

(b) You will be entitled to ________ days of paid (earned) leave in a 12-month period on an accrual basis, subject to the minimum entitlements prescribed under the applicable Shops and Establishments legislation. Any un-availed earned leave in excess of ________ days shall, to the extent permissible by law, lapse at the end of the calendar year.

(c) You are also entitled to ________ days of casual/sick leave in a year. Casual/sick leave cannot be carried forward and shall lapse at the end of the calendar year.

(d) If you are absent from work without prior authorisation, you must inform your Manager of such absence with reasons as soon as practicable, but not later than the morning of the first day of such absence.

(e) Entitlement to maternity benefit shall be governed by the Maternity Benefit Act, 1961, as amended, where applicable.

§ 9. Sickness

(a) Any leave taken for illness, sickness or injury will be deducted from your casual/sick leave entitlement.

(b) If you are absent from work due to illness, sickness or injury for a period exceeding three (3) days, you must provide a medical certificate certifying such illness, sickness or injury by the fifth day following the first day of absence. For any continued absence, you shall, upon request, provide a further medical certificate certifying continuance of the illness, sickness or injury.

§ 10. Confidential Information & Trade Secrets

(a) During the course of Employment, you will have access to information (whether or not recorded in writing or electronically) which the Employer treats as confidential or which has the necessary quality of confidentiality.

(b) You acknowledge that the Employer from time to time has in its possession information claimed by others to be proprietary and which the Employer has agreed to keep confidential. All such information shall be Confidential Information for purposes of this agreement.

(c) Without limitation, Confidential Information shall include:

(i) intellectual property and developments, technical data and devices designed by the Employer or its affiliates, and trade or business secrets of the Employer or its affiliates;

(ii) financial data concerning budgets, fees, revenue, costs, sales figures, financial statements, costing, profits, margins, inventories, commercial arrangements, accounting information, business strategies, plans, research and development projects, product formulae, processes, inventions, programs, designs, specifications, discoveries and know-how;

(iii) confidential or proprietary information received from third parties and the identity of the Employer's clients and investors, and any information provided by any client of the Employer or its affiliates;

(iv) sales statistics, marketing surveys and plans, forecasts, budgets, names and contact details of customers, potential customers and suppliers, licences, prices and employee, customer and supplier lists;

(v) information concerning organisational and personnel matters, policies and procedures, IT security protocols, passwords and software used, owned or leased by the Employer or its affiliates;

(vi) manufacturing, distribution and technical data used in conducting the business of the Employer;

(vii) business data relating to new products, projects, services, promotional campaigns, plans for future development, pricing agreements and joint ventures;

(viii) data in respect of consultants, agents and representatives of the Employer and/or affiliates, including details of their effectiveness and compensation;

(ix) the details of this agreement, including the Employee's salary and benefits;

(x) information not intended by the Employer for general dissemination;

(xi) information received by the Employer and/or affiliate from third parties under an obligation of confidentiality;

(xii) any information derived from any of the above; and

(xiii) any copies of the abovementioned information.

(d) You shall:

(I) keep secret and not, at any time during the Employment or for the following period: ________ after its termination, whether directly or indirectly, use, disclose, communicate or reveal to any person, for your own or another's benefit, any developments or confidential, proprietary or secret information which has come to your knowledge during the Employment, without the prior written consent of the Employer;

(II) use your best endeavours to prevent the publication, disclosure or use of any such Confidential Information;

(III) enter into a Non-Disclosure Agreement and Confidentiality Agreement with the Employer; and

(IV) not directly or indirectly reference any information about the company on web-based portals, including social networking sites and blogs.

(e) The above restrictions shall not apply to disclosing information to such persons as may be authorised by the Employer in the course of Employment.

(f) The aforesaid restrictions shall not apply to disclosure of information which: (i) is or becomes available to the public, other than as a result of your disclosure; (ii) is disclosed to you by a third party otherwise than in breach of an obligation of confidentiality; or (iii) is required to be disclosed by any applicable law, regulation or order of a court or competent authority.

For the avoidance of doubt, the termination of this agreement shall not affect the obligations of confidentiality set out above, except that they shall cease to apply to information which comes into the public domain other than by unauthorised disclosure in breach of these obligations by you.

(g) During the term of employment, the Employee will not improperly use or disclose any confidential information or trade secrets of any former employer or other person to whom the Employee owes an obligation of confidentiality, nor bring onto the premises of the Employer or its clients any unpublished documents or property belonging to any such person unless consented to in writing.

(h) The Employee shall be permitted to take independent regular membership of non-profit professional bodies only with the written consent of the Employer and subject to the condition that the Employee shall not (a) act as a consultant to any entity other than the Employer; or (b) share or disclose any Confidential Information of the Employer unless specifically authorised in writing.

§ 11. Intellectual Property

(a) The Employee has set forth in the Annexure hereto a complete list of all Intellectual Property conceived, developed or reduced to practice prior to the Commencement Date which the Employee considers to be his/her property or the property of third parties and which is to be excluded from the scope of this Employment.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

(c) The Employee agrees that all originals and copies of any material constituting all or part of the Developments shall be handed over to the Employer upon creation and returned upon termination of employment for any reason.

(d) Exclusive ownership of all Developments not protected under copyright or other intellectual property law and not patentable shall be automatically and irrevocably transferred to the Employer from the date of creation.

(e) To the extent any assignment cannot presently be made, the Employee irrevocably agrees to assign to the Employer all right, title and interest, including intellectual property rights, in any inventions, discoveries, methods, copyrights, software, data, processes, products, improvements and developments made, conceived or reduced to practice during the course of employment. The Employee, to the extent permissible under section 57 of the Copyright Act, 1957, waives all moral rights in the Developments insofar as such waiver is permitted by law.

(f) For the purposes of this clause, you agree to promptly take all action and sign and deliver all instruments as the Employer may require, at the Employer's expense, to secure and maintain the Employer's rights and to apply for and prosecute registration of intellectual property rights.

(g) You hereby constitute and appoint the Employer, its successors and assigns, as your lawful attorney to execute all documents necessary to effect the assignments set forth above.

(h) Should the Employer be unable to secure your signature on any document necessary to apply for, prosecute, obtain, protect or enforce any intellectual property rights, the Employee irrevocably appoints the Employer and its duly authorised officers as the Employee's attorney to do all lawful acts to further the prosecution and enforcement of such rights.

(i) The Employee represents and warrants that he/she will not integrate into the Developments any third-party materials not validly licensed to the Employer without prior authorisation, and has not and will not violate the intellectual property rights of any third party. The Employee shall indemnify the Employer against any losses, claims, costs and expenses resulting from any such violation.

(j) If the Employee incorporates any pre-existing Intellectual Property into the Employer's product, process or machine, the Employer is hereby granted a non-exclusive, royalty-free, irrevocable, perpetual, worldwide licence (with rights to sublicense) to make, modify, use and sell such Intellectual Property.

(k) The Employee shall not, during or after employment, violate the intellectual property rights of any client of the Employer, and shall indemnify the Employer against any losses resulting from such violation.

§ 12. Summary Dismissal

(a) Notwithstanding anything herein, your employment may be terminated by the Employer without notice and without payment in lieu of notice if you are guilty of fraud, gross negligence, misconduct or any breach of the terms of this agreement. Without limitation, the Employer may terminate the Employment summarily by written notice in any of the following events:

(i) if you commit any criminal offence or are guilty of gross misconduct which, in the opinion of the Employer, renders you unfit to continue as an employee or which is likely to prejudice the interests of the Employer;

(ii) if you wilfully abuse or misuse the Employer's computer system or any password, or gain access to any file or load any information contrary to the Employer's interests or procedures;

(iii) if any information relating to your suitability for employment provided to the Employer is found to be materially false or misleading; or

(iv) if, where you are subject to immigration control in India, you cease to hold valid leave to remain and take up employment in India.

(b) The following are examples of conduct which would entitle the Employer to terminate your employment summarily:

(i) theft, fraud or any act of dishonesty;

(ii) any act of violence or abusive behaviour towards people or property;

(iii) indecent behaviour towards, or harassment or bullying of, fellow employees, suppliers, customers or clients, including sexual harassment as defined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;

(iv) incapability to undertake your responsibilities on account of abuse of alcohol or banned substances;

(v) wilful breach of health and safety regulations;

(vi) a serious act of insubordination or wilful refusal to carry out reasonable requests;

(vii) serious or persistent neglect of duties or persistent breaches of the terms of your employment;

(viii) unauthorised use or disclosure of Confidential Information;

(ix) falsifying records or expense claims;

(x) conviction for a criminal offence arising from your work for the Employer;

(xi) conviction for a criminal offence committed outside working hours which adversely affects the Employer's business or reputation or your suitability for your work; or

(xii) any act likely to bring the Employer into disrepute.

This list is illustrative and not exhaustive. Any such termination shall be effected in accordance with the principles of natural justice and the applicable standing orders or law, where required.

(c) Upon dismissal or termination, you shall forthwith return to the Employer all documents, books, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the business of the Employer or its customers, and any other property of the Employer in your possession or control, and shall, if requested, provide a signed statement confirming compliance with this clause.

(d) Upon dismissal for misconduct, you shall not be entitled to any discretionary benefit, save that statutory dues payable under law shall not be withheld except as permitted by law.

§ 13. Termination

(a) This contract shall terminate forthwith: (i) in the event of your death; or (ii) upon the dissolution or winding up of the Employer.

(b) Upon confirmation of your employment, the Employment may be terminated by either party by giving the following notice: ________ in writing. The Employer may terminate your Employment by paying salary in lieu of notice. For this purpose, "salary" means the proportionate monthly CTC and shall not include any other compensation.

(c) If you purport to terminate the Employment without notice or before completion of the notice period, you agree to relinquish salary for the unfulfilled part of the notice period and to pay the Employer in lieu of the balance notice period.

(d) Nothing in this contract shall prevent the Employer from terminating your Employment without notice in the event of dismissal under § 12.

(e) Once notice of termination has been given by either party, the Employer may, before expiry of the notice period, require you to: (i) perform such duties as directed; (ii) perform no duties; (iii) not communicate with any customer or prospective customer; (iv) not contact any employee, officer, director, agent or consultant of the Employer; and (v) not remain involved with the business of the Employer or attend its premises (garden leave).

(f) Upon termination, you shall be entitled to encashment of accrued but unutilised earned leave in accordance with the applicable law. If you have taken leave in excess of your entitlement, the Employer may deduct a sum equivalent to the basic salary due for each day of excess absence.

(g) On your last working day, you must return to the Employer all equipment, correspondence, records, software, models, notes, reports and other documents and property belonging to the Employer, including keys and passwords, and delete all information relating to the Employer stored on any personal device.

(h) All Employer property, Confidential Information and Intellectual Property in the possession of the Employee shall be returned immediately upon termination.

(i) Upon termination, the Employee shall sign and deliver to the Employer a termination certificate in the format specified by the Employer.

(j) Until all Employer property, Confidential Information and Intellectual Property are returned and the termination certificate provided, the Employer may, to the extent permitted by law and without prejudice to its other rights, withhold dues and recover from the Employee any loss suffered on account of misuse of or damage to Employer property.

(k) The Employer shall, on cessation of employment, discharge all lawful statutory dues, including gratuity under the Payment of Gratuity Act, 1972 (where eligible) and accumulated provident fund balances, in accordance with law.

§ 14. Restrictive Covenants

(a) You shall not, during your Employment and without the prior written consent of the Employer, whether directly or indirectly undertake or discharge for any other person, in India or elsewhere, any duties or responsibilities of whatever kind.

(b) You shall not, during your Employment and without the prior written consent of the Employer, be engaged in any other business activity pursued for gain if such activity interferes with your duties hereunder.

(c) You shall not, for the following period: ________ after the termination of your Employment, without the prior written consent of the Employer, engage in or provide services to any Competitive Business (as defined below) which are similar to the duties carried out for the Employer, to the extent such restriction is reasonable and enforceable under section 27 of the Indian Contract Act, 1872.

"Competitive Business" means any firm, partnership, joint venture, company or person engaged in the following business: ________, or carrying out activities similar or competitive to the business in which the Employer engages or proposes to engage during the term of employment.

(d) During your Employment and for the following period: ________ thereafter, you shall not without the prior written consent of the Employer engage, whether directly or indirectly, in any Competitive Business which competes with the business carried on by the Employer, to the extent such restriction is permissible under applicable law.

(e) You shall not, on your own account or on behalf of any other person, solicit or accept orders for products or services from any of the Employer's current or previous customers in competition with the business of the Employer.

(f) The Employee undertakes that during employment and for the following period: ________ following termination, the Employee shall not, directly or indirectly:

(i) solicit or advise any employee of the Employer, or any person employed by the Employer within six months prior to such solicitation, to terminate his or her relationship with the Employer;

(ii) contact any existing or prospective client of the Employer to entice such client away from the Employer or to damage their business relationship with the Employer;

(iii) solicit or undertake employment with any client of the Employer or any organisation where the Employee has been sent for training, deputation or secondment; or

(iv) enter the employ of, or render services to, any person engaged in a business which competes with the business of the Employer.

(g) It is agreed that the employment and compensation under this agreement constitute sufficient consideration for this clause.

(h) The Employee acknowledges that the limitations as to time and nature in this clause are reasonable and will not preclude the Employee from earning a livelihood, and are necessary for the reasonable protection of the Confidential Information and Intellectual Property of the Employer.

(i) Each restriction in this clause shall constitute a separate agreement and be construed independently. If a court of competent jurisdiction finds any restriction unenforceable, the provision shall be deemed amended to the maximum extent enforceable, and if it cannot be so amended, the remaining restrictions shall not be affected.

(j) The parties acknowledge that restraints which operate beyond the term of employment are enforceable only to the extent permitted by section 27 of the Indian Contract Act, 1872, and the parties intend such covenants to apply only insofar as they are valid and enforceable under Indian law.

(k) If any breach of this clause occurs, it is agreed that damages alone may not be an adequate remedy and that injunctive relief may be sought by the Employer in addition to any other remedy. No waiver shall be implied from any forbearance or failure to act.

The provisions of this clause shall survive the termination of this contract.

§ 15. Expenses

The Employer shall reimburse all pre-approved expenses properly incurred by you in the due performance of your duties, provided that supporting original vouchers and bills are furnished with any request for reimbursement. All expenses must be pre-approved by the designated authority, failing which they shall not be reimbursed.

§ 16. Deductions

You consent, subject to the Payment of Wages Act, 1936 and the Code on Wages, 2019, to the Employer deducting from any sum otherwise payable to you the value of any claim the Employer may have against you, including: (i) overpayment of remuneration; (ii) overpayment of expenses; (iii) loans made to you; and (iv) any advance on salary made to you.

§ 17. Amendments

(a) The Employer reserves the right to make reasonable changes to the terms and conditions of Employment, and you shall be notified by way of general notice to all employees. Any such change shall take effect from the date of the notice.

(b) The Employer shall give one (1) month's written notice of any significant change, either individually or by general notice.

(c) Such significant changes shall be deemed accepted unless you notify the Employer of any objection in writing before expiry of the one-month notice period. If an objection is received and cannot be resolved within thirty (30) days, the Employer may terminate your Employment under § 13(b). The decision of the Employer as to what constitutes a minor or significant change shall be final.

(d) You shall not be entitled to make any unilateral changes to this contract.

§ 18. Notices

(a) Any notice under this contract must be delivered personally or sent by registered post with acknowledgement due, or by such electronic means as the parties may agree.

(b) The Employer's address for service shall be its registered office or such other place as it may notify.

(c) Your address for service shall be the address given at the head of this contract or any other address you may notify.

(d) Any notice shall be deemed served: (i) if delivered personally, at the time of delivery; and (ii) if posted, on expiry of four (4) business days after posting (excluding the day of posting).

(e) You must notify the Employer in writing of any change in your name, address, bank account, marital status or next of kin within one month, and of any arrest, prosecution or conviction for a criminal offence, any disciplinary action by a professional or regulatory body, or any bankruptcy or insolvency.

§ 19. Data Protection

(a) The Employer may collect, hold and process your personal data, including sensitive personal data, for purposes connected with your Employment and the management of its business, in accordance with the Digital Personal Data Protection Act, 2023 and the rules made thereunder.

(b) You consent to the Employer and its authorised processors transferring, storing and processing such personal data, whether in India or elsewhere, for the purposes set out above, and you acknowledge your rights and the Employer's obligations under the said Act. The Employer's data protection contact is ________.

§ 20. Governing Law & Jurisdiction

This contract shall be governed by and construed in accordance with the laws of India, and each party submits to the exclusive jurisdiction of the courts at ________.

§ 21. Dispute Resolution

(a) Any dispute or difference arising out of or in connection with this contract shall, in the first instance, be attempted to be resolved amicably between the parties.

(b) Failing amicable resolution, the dispute shall be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________, and the proceedings shall be conducted in the English language. This clause is without prejudice to any right of the Employer to seek interim or injunctive relief from a court of competent jurisdiction, and is subject to the jurisdiction of the appropriate authority or labour court in respect of any matter governed by the Industrial Disputes Act, 1947 or other applicable labour legislation.

§ 22. Severability

If any provision of this contract is held to be invalid, illegal or unenforceable in whole or in part under any applicable law, such provision or part shall to that extent be deemed not to form part of this contract, but the validity, legality and enforceability of the remaining provisions shall not be affected. The parties shall use their best endeavours to replace any such invalid provision with a valid one achieving, to the greatest extent possible, the intended result of the original provision.

§ 23. Miscellaneous

(a) No collective agreement applies to your employment, save as may be required under the Industrial Disputes Act, 1947 or the applicable labour codes.

(b) This contract sets out the entire agreement between the parties in connection with the Employment and supersedes any previous contract or agreement between you and the Employer.

(c) No failure or delay by the Employer in exercising any right, power or remedy under this contract shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise. The rights and remedies provided in this contract are cumulative and not exclusive of any rights or remedies provided by law.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

Please return a signed copy of this letter to indicate your understanding and acceptance of the terms and conditions contained herein.

Signed by and on behalf of:

For ________

Signature: ________________

Name: ________

Designation: ________

Date: ________

Place: ________

Witness 1:

Signature: ________________

Name: ________

Address: ________

Witness 2:

Signature: ________________

Name: ________

Address: ________

I confirm that I have read and understood the aforesaid contract fully, and by signing and returning to the Employer the duplicate copy hereof, I hereby accept the terms and conditions contained therein and agree that the same constitutes a valid and binding contract of employment between myself and the Employer.

Signed: ________________

Name: ________

Date: ________

Place: ________