Partners & Associate Appointment Letter Act

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Zumosun Soft Invention Pvt. Ltd.

4/193, Chitrakoot Stadium, Vaishali Nagar, Jaipur 302021

 

APPOINTMENT CUM AGREEMENT  LETTER 

 

To

         Prakash Chand Sharma

          House No - 2-A-19, Mahaveer Nagar Ext, Dadabari,

          KOTA, RAJASTHAN, 324009

 

Sub: Offer of Appointment of the Post of   Director

Dear Sir/Madam,

Reference your application for employment, we are pleased to offer you an appointment as Director in our organization as a salary of 65000 per month. 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: 

1.In the first instance you will be on probation for 6 months from the date of your joining. Where after the probation period may be extended at the discretion of the management or maybe 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. During your probation period company dispenses with your services without ascribing any reason on given you seven day’s prior notice.

2. Your place of posting will, at present, be at Jaipur You are liable to be transferred to another branch, shift, post or place or to sister concern whether in existence or which may come into existence hereafter. 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 arrangements 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 fact. 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.

3. You shall bear your own taxes that shall be deducted from your salary and/or other dues. Forgoing on duty outside place or employment, you shall be governed by TA/DA rules of the company, if applicable in your case.

4. After confirmation, your services are liable to termination at 45 day’s notice on resignation or forfeit 45 day’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 a reasonable time on full pay or half pay or without pay or terminate your services. Also, if you are found suffering from any infections/contagious disease, the Company may at its discretion terminate your services.

4.1 During your service period, if company management won’t be satisfied with your performance, then management has the right to terminate your service with one-month prior notice.

5. 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 a breach of trust on your part.

6. That on cessation of your employment with us, you will be under an obligation not to join, for a period of One Year/Increment period, any competitor unless permitted by the management. If you break this rule/clause you must refund at least two Month/training Expenses / Company Expenses emoluments.

7. You will work under the supervision of such officers as may be decided upon by the management from time to time. You shall diligently and satisfactorily carry out instructions given to you by your superiors in connection with the work assigned to you to the best of your skill and ability.

8. You will strictly observe punctuality, however, in exceptional circumstances expressly explained by you, the management shall allow a grace period up to 10 minutes at the start of your duty period but you shall not be allowed to join duties later than one hour of the starting time and will be marked as absent. In case you will come later than 10 minutes on three days in a month, 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.

  1. You will employ yourself efficiently to the best of your ability,

Will devote your whole time to the work of the organization 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 an advisory capacity). Also, you will not appear in any examination or attended classes without the prior and written approval of the management.

  1. 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 pasts 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.

11. Absence for a continuous period of 4 days including absence when leaving though applied for but not granted and when overstayed for a period of 4 days would make you lose your lien on the service and the same shall automatically come to an end without any notice or intimation. In such an eventuality, the Management will draw an irresistible presumption that by remaining absent continuously and unauthorized, you have abandoned your job.

12. 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 7 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 causal/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. The Management will be within its rights to get you medically examined to verify your alleged sickness.

13. The management shall have the right to require you to subject yourself at any time during employment with the Company to the 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. 

14. You will be bound by the rules and regulations enforced by the management from time to time in relation to conduct, discipline leave, holidays or any matter relating to the 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, or delete the existing service rules or to introduce fresh service rules which will be binding upon you.

15. During the tenure of service, you will keep your emoluments secret from other members of this organization 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.

16. Your increments/promotions 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 organization.

17. In case you are charged with any act of misconduct, you may be suspended from service pending an enquiry. During the 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.

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

  19. On resigning from the job, you will be required to give 45  days advance notice and acceptance of two months’ salary in lieu of notice will be at the discretion of the management.

20. That no earned leave even due will be sanctioned during one month's notice period on termination by the management or during 45 day’s notice period on resignation from the job. During the notice period, any candidate will take any leave it will affect your relieving date and time will be extended based on your leave.

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

22. You will automatically retire without any notice on your reaching the age of 65 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.

23. In the office hour’s you can’t go outside the office without authorized permission even in the break time. You are fully bound with company HR policy. Without permission, if you will go, all responsibilities will solely yours, if any misshaping or versatile condition occurs outside of the office.

         24. From your increment/Joining date you can’t resign from your designation for next six month.  

         26. You are bound to complete any project which is started by you. You are fully liable to complete the project to satisfy the client and maintain the company standard with the client.  

            27. For company security, your salary's  10 % continues to deduct as a  deposit in the company account till your deduction accumulation is equivalent to one month of your salary or you will deposit a PTC check equivalent to two month's salary. This will be utilized if you will violate the company policy and code of conduct during the duty or when you will leave or resign from the company.

28 . This appointment 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 eventually, the management can recover the payment made to you towards your remuneration during employment.

29. Confidentiality

The employee shall not at any time or for any reason, whether during the term of this agreement or after its termination, use or disclose to any person, any confidential information relating to the employer’s business except where the release of such information may be reasonably necessary to enable the employee to fulfil their duties and obligations under the agreement.

The employee shall not disclose any confidential information to any other employee who is not authorized to receive it.

The employee shall not remove or copy any information including client/customer/patient information, from the employer’s premises without the consent of the employer.

The employee shall not use any confidential information relating to the employer’s business or information gained through their employment for their own benefit.

The employee shall not attempt to use any confidential information in any manner, which may injure or cause loss, whether directly or indirectly, to the employer.

After termination of employment with the employer, employees shall not directly or indirectly make a record of, or divulge or communicate to any other person, any information regarding the employer’s business.

30. Occupational Health & Safety

Under the occupational health and safety  (OH&S) Act 1985 that was modified in 2004 the employer shall provide and maintain so far as is practicable for employees a working environment that is safe and without risks to their health.

The employees shall take all reasonable care for his/her own health & safety and for the health and safety of anyone else who may be affected by his/her acts or omissions at the workplace. The employee must cooperate with the employer with respect to any action taken by the employer to comply with any requirement imposed by or under the Act.

The employee shall not willfully place at risk the health or safety of any person at the workplace and shall abide by all Policies imposed by the employer in regard to OH&S issues.

30. Disclosure of information

Should the employee have any pre-existing injuries or diseases that might be affected by the nature of the proposed employment, please advise the details in writing when returning this agreement. If the employee fails to disclose this information or if you make a false or misleading disclosure, then section 82(8) or amended act of the Accident Compensation Act will apply. If section 82(8) or amended act applies, then you may not be entitled to Work cover compensation for any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease. Besides the 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 as a token of your having understood and having accepted the same and return the same.

 

Yours faithfully.

 

Zumosun Soft Invention Pvt. Ltd.

 

 Signature of Authorities.


 

DECLARATION

 

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

 

Signature of the Employee

                                                                                    Name:



 

    




 

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