Botiwalassssss Appointment Letter
Botiwalassssss Appointment Letter
Shri ______________
__________________
Dear _________________
With reference to your application and subsequent interview with us, we are pleased
to appoint you as Senior CDP, in our Firm M/S BOTIWALAS (hereinafter referred to
as the Firm). The appointment will be effective from ------------------- subject to
verification of the documents mentioned under Schedule-A.
Our firm M/S BOTIWALAS is a partnership firm engaged in the business as a Food
Court, Restaurant, Cafe House, Take away counter in the cities of Rajasthan and later
on in various centers of India. The firm’s growth plans are directed towards creating
a class team of management professionals, support staff and a team of master chefs
and place itself on the international map in this field.
Your job profile shall include the following job assignments, which may be modified
from time to time. In addition to this you shall also be required to work as required
in the interest of the Firm which shall be communicated to you by the Firm's
management.
SALARY PACKAGE:
1. Your Gross Salary package shall be Rs. _________/- (Rupees _________ only)
per annum. The bifurcation of the Salary shall be provided to you, upon
acceptance of this appointment letter and joining in the firm.
2. The Firm shall deduct a sum equivalent to 10% of your monthly salary, as a
security deposit, out of which a sum equivalent 6 month’s security deposit
shall be paid by the Firm to you after completion of each year of your
services. Such security shall be paid by the Firm without any interest thereon.
3. In addition you may be entitled to incentives, if any, based on your and the
Firm's performance, which shall be announced in due course.
4. Payment of bonus shall be at the sole and absolute discretion of the firm.
5. The firm will remit to EPF & ESI contributions in accordance with the
statutory rates.
6. Your appointment is governed by the laws of India and shall be adhered to in
all cases including but not limited to Tax Deducted at Source (TDS) under
Income Tax Act, 1961, Indian Contract Act, 1872, etc.
7. No other commitments are made by the Firm for your remuneration or
otherwise, other than as mentioned above.
WORK RELATED
1. You shall devote full time to the work of the Firm and during the term of
your employment with the Firm, you will not engage in any other
employment, occupation, consulting or other business activity related to the
business in which the Firm is now involved or becomes involved during the
term of your employment, nor will you engage in any other activities that
conflict with your obligations to the Firm.
2. You shall use your best efforts in the performance of employment duties
assigned to you from time to time and to, at all times, act in good faith and in
the best interests of the Firm, you will comply with all rules, regulations and
procedures established by the Firm.
1. If during the period of probation, your progress and conduct and attendance
are not found satisfactory, your services may be terminated giving one month
notice or salary in lieu thereof.
2. Further during the period of probation the Firm reserves the right to
terminate your services without assigning any reason, whatsoever.
1. During the term of your employment and even after the termination of your
employment with the firm, you will have, to hold in strictest confidence, and
not to use, except for the benefit of the Firm, or to disclose to any person, firm
or corporation without written authorization of the Partners of the Firm, any
recipes, preparation methods, dishes, special formulas/ tastemakers or any
other Confidential Information of the Firm.
2. During your employment with the Firm, you will not improperly use or
disclose any proprietary information or trade secrets or any recipes,
preparation methods, dishes, special formulas/ tastemakers of any former or
concurrent employer or other person or entity and that you will not bring
into the premises of the Firm any unpublished documents or proprietary
information belonging to any such employer, person or entity unless
consented to in writing by such employer, person or entity.
3. The Firm has received and in the future will receive from third parties their
confidential or proprietary information subject to a duty on the Firm’s part to
maintain the confidentiality of such information and to use it only for certain
limited purposes. You shall have to hold all such confidential or proprietary
information in the strictest confidence and not to disclose it to any person,
firm or corporation or to use it except as necessary in carrying out your work
for the Firm consistent with the Firm’s agreement with such third party.
4. You understand and agree that you shall not carry such any recipes,
preparation methods, dishes, special formulas/ tastemakers, trade secrets/
sensitive information in any form, format or technology, out of the business
premises you have been allotted, without the express permission of your
immediate supervisor, nor share the same with any other unauthorized
personnel, within or outside the Firm, unless specifically asked to do so.
Upon cessation of your employment with the Firm, you shall forthwith return
all information documents available with you or within your control to the
designated person in the Firm, and shall keep all such information, trade
secrets, and data strictly confidential at all times even after cessation of your
employment with the Firm.
1. While your Base Location is _____________, given the nature of your work
you shall make yourselves available for travel to any other city for any work
or training purposes, away from your base location. During such periods you
will be entitled to travelling allowance and reimbursement as per the
approval of the partners. You shall hold yourself in readiness for training at
any place or places whenever required.
2. You are required to deal with the Firm's money, material and documents
with utmost honesty and professional ethics. If you are found guilty, at any
point of time of moral turpitude or of dishonesty in dealing with the Firm's
money or material or documents or of theft or of misappropriation,
regardless of the value involved, your services would be terminated with
immediate effect, notwithstanding other terms and conditions mentioned in
the appointment letter.
3. You will be responsible for the safe keeping and good condition and order of
all the Firm property entrusted to your care and charge. The Firm reserves the
right to deduct the cost of such articles from your dues, or take such actions
as may be deemed proper, in the event of failure to account for such property,
to our satisfaction.
4. You shall not accept any presents, commissions or any kind of gratification in
cash or kind from any person, party, firm or Firm having dealings with the
Firm or its group and if you are offered you will report the same immediately
to the Firm.
5. Except on holidays as notified from time to time by the Firm, you shall attend
the office punctually and regularly and devote to your duties the whole of
your time and attention and you will not without previous written consent of
the Firm be engaged directly or indirectly in any trade, business or
occupation whatsoever.
9. This Appointment is being made in good faith on the basis of your CV and
other information provided by you during the course of Firm’s and your
mutual discussions. Any data which is not in consonance with the
information provided by you shall result in termination of employment
forthwith and you shall indemnify the Firm in full, for any losses suffered by
the Firm. The Firm reserves the right to make any formal/ informal checks
with your educational institutions and previous employers as may be
applicable. You are requested to produce all the documents as mentioned in
the checklist attached on your date of joining.
10. On matters not specifically covered in this appointment letter, you shall be
governed by the Firm’s service rules, practices, etc. from time to time. The
Firm’s decision on all such matters shall be final and binding on you.
11. This appointment letter sets forth the entire understanding between the Firm
and you relating to the subject matter herein and merges all prior discussions
between us. No modifications or amendment to this appointment letter, nor
any waiver of any rights under this appointment letter, shall be effective
unless in writing signed by the party to be charged. Any subsequent change
or changes in my duties, salary or compensation will not affect the validity or
scope of this appointment letter.
12. If one or more of the provisions contained in this letter are deemed void by
law, then the remaining provisions will continue in full force and effect and,
if legally permitted, such offending provision or provisions shall be replaced
with an enforceable provision or provisions. Without limiting the generality
of the foregoing, to the extent any provision of this appointment letter is
unenforceable due to the scope (temporal, geographic or otherwise) being too
broad, the court or arbitrator properly adjudicating any dispute with respect
thereto shall modify such provision to the minimum extent necessary to cause
such provision to be enforceable.
13. All disputes and controversies arising out of or relating to any interpretation,
construction, performance or breach of this appointment letter, shall be
settled by Arbitration. The arbitration and the appointment of arbitrators
shall be held in accordance with the relevant provisions of the Indian
Arbitration and Conciliation Act, 1996 and/or any amendments thereto. The
arbitral tribunal shall comprise of a sole arbitrator as mutually appointed by
the Parties. The Arbitration proceedings shall be held at Jaipur and the
proceedings shall be in the English language. The award passed by the sole
arbitrator in pursuance of such arbitration proceedings shall be binding upon
you as well as the Firm. The Firm and you shall each pay one-half of the costs
and expenses of such arbitration and each of us shall separately pay our
counsel fees and expenses.
Kindly confirm your acceptance of the terms and condition of employment contained
herein before ________, by signing and returning the duplicate copy of this letter.
We welcome you to the organisation and wish you a long successful career with us.
Yours faithfully
For: M/s BOTIWALAS
Authorised Signatory
Acceptance
I have gone through the aforesaid letter and have understood fully the contents and
intense of the said letter and all the terms and conditions are fully satisfactory and
acceptable to me, and they are binding on me.
(__________________________)
SCHEDULE A
EMPLOYMENT HR COMMENTS
Curriculum Vitae
PAST EMPLOYMENT
EDUCATION PROOF
PERSONAL DETAILS