Ankit Kumar - Appointment Letter
Ankit Kumar - Appointment Letter
Ankit Kumar
Quarter No. 1394, Street 16,
Sector-9/B, Bokaro Steel City, Jharkhand - 827009.
LETTER OF APPOINTMENT
We are pleased to appoint you as Team Developer with effect from January 03rd, 2023 on following terms and conditions:
1. EMPLOYEE COMPENSATION
SALARY. Your Fixed pay will be INR.11,10,000/- (Rupees Eleven Lakhs and Ten Thousand Only) per Annum as per the
details mentioned in Annexure-A attached herewith. In addition, you will be eligible for a variable pay every month for
which earning capacity would be maximum INR.4000/- Month. The amount (if any) will be awarded based on
performance review established by your reporting managers. Your maximum variable pay earning capacity annually will
be INR.88,900/- (Rupees Eighty-Eight Thousand Nine Hundred Only). Besides, the above compensation shall be paid
after making statutory deductions viz. Income Tax, Provident Fund ESI, Labour welfare fund, Professional Tax etc, as and
when applicable.
In order to encourage Good performance, Company has an incentive scheme which is periodically reviewed and amended
by the Company as per the need/business policy. Good performer will be suitably rewarded as per the Incentive scheme.
In case of separation/ end of employment from the company, you shall be eligible for salary till the last working day.
Bonus, Incentive or any other performance based variable pay is distributed at the company discretion. You shall not be
eligible for any kind of incentive, bonus (other than ex-gratia and/or bonus as per statutory compliance), benefits and any
variable pay component post your last working day of employment with the company.
2.2 You shall work such hours as may reasonably be required for the proper performance of your duties. You shall
devote the whole of your time, attention and abilities during working hours towards carrying out your duties in
a proper, and efficient manner.
2.3 During the course of your employment you may have to travel to such places as the Company may from time to
time require.
2.4 Your normal place of work shall be in at the Company’s office situated at A-154/A, First Floor, Sector 63, Noida,
and in India or as the Company may from time to time determine. During your employment with the Company,
you can be transferred to any of the offices / departments / units of the Company or, Company clients or,
associate companies / group companies / joint ventures, whether existing or to be set up, anywhere in India or
abroad at Company sole discretion.
3. ANNUAL AND CASUAL LEAVE
3.1 Leaves shall be considered on the basis of the applicable Leave Policy formulated by the Company from time to
time. Employee will be entitled to 10 Casual Leaves (CL) and 15 Sick Leaves (SL) in one year. SL and CL cannot be
en-cashed or carried forward next year.
3.2 Employee joining after 1st working day of the month is not entitled for any CL and SL for that month. Such
employee will be credited with the CL’s and SL’s on pro rata basis from the date of joining as per applicable leave
policy.
3.3 Privilege Leave (PL’s) or Earned leaves (EL’s) are credited once a year i.e. on the first working day of January. Un-
availed EL will be carry forward to next year. The maximum number of PL’s that can be accumulated is 45 days.
PLs beyond 45 days shall lapse.
3.4 CL and SL cannot be clubbed. A maximum of 3 CL’s or SL’s can be availed in a month.
3.5 No sandwich leave will be applicable for CL. Leaves with a prefix and suffix of a weekend/ holiday would be
considered as “Sandwich Leave”, and would be treated as PL’s. No CL/SL would be considered as Sandwich Leave.
3.6 A woman employee who has worked with Company for a period of 80 days in last 12 months, is entitled to
the Maternity Benefit from the Company. She will be entitled to a Maternity Benefit for 26 weeks, of which not
more than 8 weeks shall precede the expected date of her delivery. Such leave has to be applied for in advance,
along with supporting medical certificates.
3.7. An employee who has worked with Company for a period of 180 days in last 12 months, is entitled to the
paternity leave 5 days and can avail such leave upon birth of the child. Sandwich leave policy will not be
applicable on paternity leave.
4. SEPERATION
4.1 This agreement can be terminated by either party by giving a prior written notice of sixty (60) days provided that
the Company at its discretion may pay salary in lieu of notice if the agreement is terminated by the Company.
Notwithstanding the above, the Company is entitled to terminate this agreement immediately without any
notice or salary in lieu thereof in the following situations:
(a) You commit a material breach of this agreement /appointment Letter or any other agreement or understanding
entered by you in pursuance to your employment with the Company,
(b) You commit any misconduct or fail to follow any Company rules or policies or any laws or industry codes and
practices,
(c) Any action or inaction by you causes the Company to commit any breach of contract with any customer or any
other person.
4.2 In case you remain absent from duty without proper prior approval for a consecutive period of three (3) days or
more, you shall be deemed to be absconding from duty. This shall be deemed to be termination from the services
of the Company without giving proper notice and a breach of this agreement. In such event, Company reserves
the right to claim damages from you and to pursue all such legal remedies as are available to it under law.
This termination will be effective for first day of such unauthorized absence and you will be liable to pay 60 Days
salary in lieu of your notice period. In the event that employee terminates this agreement without 60 days prior
written notice, Company may forfeite any outstanding amount payable by Company.
4.3 In case you are unable to support for the given assignment at any given time due to non- availability of
equipment, including but not limited to, laptop/desktop/headset/keyboard/internet-broadband or perform the
assigned task then the Company reserves the right to terminate your employment for cause at any time without
notice and without payment in lieu of notice period.
4.4 Company shall at its discretion, conduct background and reference checks/verification as per Company policy
and this agreement/appointment letter is conditional upon the result of such checks. In the event the results of
such background / reference checks are unsatisfactory on any account, Company may, in its sole discretion,
revoke this agreement/appointment letter at any time without incurring any liability.
4.5 In the event during the interview process any unethical means have been utilized including but not limited to
using proxy person for the interview, suppressing and/or falsely presenting material facts about eligibility and
qualification then Company may in its sole discretion terminate your employment by providing written notice
and without incurring any further liability. Company may also pursue any legal remedy available at law and
equity.
All internal procedures and policies issued by the Company from time to time shall be deemed to be part of this
Agreement and binding on you. Your concurrence to be bound by this clause is a material term of your employment.
6. PROBATION
Your employment will be subject to a three month’s probationary period at the end of which, depending upon your
performance, you would be deemed confirmed unless otherwise notified by Company in writing. Company shall have the
discretion to extend the probationary period depending on your performance and until such probationary period has
expired (initial probationary period and/or extended probationary period) you will be deemed to be under probation
period. Notwithstanding any other provisions of this Agreement, during the probationary period, your services can be
terminated without any notice by Company.
7.2 You shall not, either during the employment with Company or at any time thereafter, except in the proper course
of your duties (or as required by law), use, divulge or disclose to any person any trade secret or any other
confidential information concerning the business or affairs of the Company or any associated company, or any
information of Company clients or customers, which may have come to your knowledge at any time during your
employment with the Company or any associated company. This clause will cease to apply to information which
enters the public domain other than (directly or indirectly) through the any act, omission, negligence or fault
committed by you.
7.3 You shall not at any time without prior written consent from an executive officer of Company or your reporting
manager: -
(a) Use any of the Confidential Information otherwise than for any purpose authorized;
(a) Disclose any of Company information to any person other than to Company employees who are required to
evaluate that information or to provide services for purpose authorized by Company.
(b) Disclose to any person the fact that Company clients have made available any information to Company / you, or
that discussions or negotiations are taking place concerning any transactions contemplated by or connected with
Company business;
7.4 You shall use the same means as you would use to preserve, safeguard and protect your own confidential
information to
(a) Prevent the disclosure, and;
(a) Protect the confidentiality of information concerning Company clients and Company.
7.5 For the avoidance of doubt & without limiting the generality of this clause 7, you hereby not to use any of the
information gathered or gained by use of Company’s name or its clients for your own or your future employers
purposes or benefit for research into or development, production or marketing of any product or service or
software.
7.6 You will perform and abide by all security practices and procedures as laid down from time to time by the Company
for its employees for the purpose of protecting the Confidential Information and will take steps to ensure that he
is fully familiar with all such security practices and procedures in force from time to time.
9.2 You may create and make Works, during the course of your employment and duties with the Company and that
all Company Works shall vest in and be owned by the Company immediately upon their creation. It shall be part
of your normal duties at all times to:
(a) Consider in what manner and by what new methods or devices the products, services, processes, equipment or
systems of the Company with which you are concerned or for which you are responsible might be improved; and
(a) Promptly disclose to the Company full details of any invention or improvement which you may from time to time
make or discover in the course of his duties including, without limitation, details of all Company Works; and
(b) Further the interests of the Company’s undertaking with regard thereto with the intent that Company shall be
entitled to the sole and absolute ownership of any such Company Works and to the exclusive use thereof free of
charge and any third-party rights.
9.3 To the extent such rights do not vest immediately in the Company, you hereby agree to and irrevocably and
unconditionally assign to the Company all of your right, title and interest in the Company Works together with
all of your right, title and interest in any and all Intellectual Property Rights which subsist from time to time in
the Company Works.
9.4 To the extent such rights do not vest immediately in the Company, you hereby agree to assign to the Company
all future copyright in the Company Works and all such future copyright shall vest in the Company by operation
of law pursuant to section 91 of the Indian Copyright, Act, 1957.
9.5 You hereby irrevocably and unconditionally assigns, in favor of the Company, its licensees and successors-in-title
any and all rights conferred on you under the Indian Patents Act, 1970 (as may be amended from time to time)
in respect of any Company Works for good consideration, receipt whereof is hereby acknowledged. You agree
to execute such other documents, as may be required by the Company, for recording the Company as the owner
of an invention under the Indian Patents Act, 1970 at the Company's cost and expense.
9.6 You shall not knowingly do anything to imperil the validity of any patent or protection or any application
therefore relating to any of the Company Works but shall at the cost of the Company render all possible
assistance to the Company both in obtaining and in maintaining such patents or other protection.
9.7 You shall not either during your employment or thereafter exploit or assist others to exploit any of the Company
Works or any invention or improvement which you may from time to time make or discover in the course of your
duties or (unless the same shall have become public knowledge) make public or disclose any such Company
Works or invention or improvement or give any information in respect of it except to the Company or as the
Company may direct.
9.8 You hereby irrevocably authorize the Company for the purposes of this clause 9 to make use of your name and
to sign and to execute any documents or do anything on your behalf (or where permissible to obtain the patent
or other protection in the Company’s own name or in that of its nominees in relation to any of the Company
Works).
9.9 You shall forthwith and from time to time both during your employment under this agreement and thereafter,
at the request and expense of the Company, do all things and execute all documents necessary or desirable to
give effect to the provisions of this clause 9 including, without limitation, all things necessary or conducive to
obtain letters patent or other protection for any invention or improvement relating to any of the Company Works
in any part of the world and to vest such letters patent or other protection in the Company or its nominees.
10.2 You shall promptly whenever requested by the Company and in any event upon the termination of your
employment deliver up to the Company all Materials of the Company or any associated company and you shall
not be entitled to and shall not retain any copies thereof. Title and copyright therein the Materials shall vest in
the Company.
10.3 Company will deduct the cost of any unreturned Materials from the Full & final Settlement. In the event that the
employee’s salary does not cover the cost of unreturned Materials, Company shall be eligible to recover the cost
of unreturned Materials and may also seek legal action to recover the cost of unreturned Materials.
11. NON-SOLICITATION
During the term of this agreement and for a period of one (1) year subsequent to the termination of this agreement, you
shall not, without the prior written consent of the Company, directly or indirectly, solicit or assist in soliciting any business
from or provide any services related to the business of the Company to (a) any direct or indirect customer or client of the
Company; or (b) any prospective client or customer with whom you had any contact or exposure during your employment
with the Company. You shall not, for yourself or any third party, solicit, divert or attempt to divert from the Company (or
any affiliate thereof) any business or solicit or interfere with any of the Company’s actual or potential customers or
vendors. Both parties agree that these are fair and reasonable restrictions. Company will be entitled to pursue all
remedies available in law including injunctions and damages should any attempt be made to violate these restrictions.
13. MISCELLANEOUS
This Agreement/Appointment letter, including Company rules and Regulations issued by the Company from time to time,
supersedes all prior and contemporaneous agreements, undertakings, covenants, or conditions whether oral or written,
express or implied, to the extent they contradict or conflict with the provisions hereof. You expressly warrant and
acknowledge that you are not entering into this Agreement in reliance on any representation not expressly set out herein.
This agreement is governed by the laws applicable in force in India. Courts in the Union Territory of Delhi have exclusive
jurisdiction although nothing in this clause shall impede the right of the Company to obtain any injunctive relief from any
court with jurisdiction. The terms of this Agreement may only be altered by both parties in writing.
Annexure - A
Your Salary and other allowances shall be as under:
Particular Monthly Annually
Basic 47,000 5,64,000
HRA 23,500 2,82,000
CEA/ Add. Allowances 20,200 2,42,400
Gross Salary 90,700 10,88,400
PF Employee 1,800 21,600
Take Home Salary* 88,900 10,66,800
PF Employer 1,800 21,600
Fixed Pay to Company 92,500 11,10,000
*The above compensation & bonus shall be paid after making statutory deductions viz. TDS, Labour welfare fund, Professional Tax etc., as and
when applicable.
We are delighted to have you join our company. Please indicate your understanding and acceptance of the above terms and
conditions by signing and returning the original/PDF of this contract to us.
Yours sincerely,
H.R. Department
ACCEPTANCE
I confirm that I have read and understood the above-mentioned terms and conditions as stated above and accept them as a
consideration of my employment.
Ankit Kumar