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OFFER OF EMPLOYMENT

SRUTHY S NAIR

24.07.2017

INDIVIDUAL EMPLOYMENT AGREEMENT


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

OFFER OF EMPLOYMENT

Following our recent discussions, we are pleased to confirm our offer of a permanent
appointment to the position of Associate consultant.

The terms and conditions of our offer are as following:

1. You will be employed by Derrick Jones Management in accordance with our standard Terms
and conditions of the enclosed Individual Employment agreement.
2. Your remuneration is as detailed in the attached Individual Employment agreement.
3. You are advised that you refer the attached Employment Agreement to an Advisor (Solicitor)
of your choice, and are allowed reasonable time to do so.
4. Subject to agreement of the Terms and Conditions of the Employment Agreement, we
require a signed copy of the Employment Agreement returned to the Company prior to the
commencement day of your role.
5. Subject to your acceptance of the enclosed, you will be required to commence employment
on TBA.
6. This offer of employment is conditional on the company receiving confirmation that you have
no criminal convictions or offences against you in your home country.

Should you have any queries regarding this matter, please feel free to contact me.

Yours truly,

Johnson Albert
Managing Director
Derrick Jones Management Ltd

Please sign and return the duplicate copy of this letter and the signed and initialled the
Individual Employment Agreement as acknowledgment of receipt of the same and has been
read and understood.
Signed : Date:

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

INDIVIDUAL EMPLOYMENT AGREEMENT

A. The Employer: Derrick Jones Management

B. The Employee: Sruthy S Nair

C. Position: Associate consultant

D. Job Description for Sruthy S Nair as a Associate consultant

As a Associate consultant of Derrick Jones Management, you will oversee the support
operations of the company. Your daily activities involve working with entry-level employees
to the level of senior management team of the company. You have to work with a large
array of people on shore and off shore to support the international student consultancy
business of Derrick Jones Management.

You will be responsible for the administration of job contracts, orientation, Payrolls of the
entire staffs of the company. In addition, your key responsibilities are the following;

Ø Documentation for the admission of students


Ø Documentation for the visa application of clients
Ø Visa application submission with TT Service & INZ offices
Ø Communication with Clients and local and NZ authorities
Ø Leading seminars at Educational expo and other events
Ø Manage business promotion with participating organisations
Ø Maintain cordial relationship with New Zealand and local business associates of DJM
Ø Training of new staff members of DJM, if there is any
Ø Student admission arrangements
Ø Handling account receivable and payable

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

Ø Manage and co-ordinate the activities of the company contractors and agents in India
and New Zealand
Ø Management of our staff members in India
Ø Counselling students for their courses and admission
Ø Perform all duties and responsibilities in accordance with the Health and safety
requirements of the company
Ø Prepare reports of employee performance
Ø Develop budget and cost reduction strategies for the entire business run by Derrick
Jones Management Ltd.

1. Hours of work:

Your usual hours of work will be a Monday to Saturday from 9.00am to 5.00pm. you
should work extra hours if your Manager directs.
You are required to work rostered shifts Monday to Saturday, unless your manager
directs. Work at least 8 hours per day, Monday to Saturday.

2. Remuneration:
• On commencement of employment, the Employee shall be paid Rs18000/-per month
• You will be granted the following incentives which will be divided in to two and shared
between the two counsellor’s
v A spot incentive of Rs1000/- per application when applicants pay their
registration fees at the office
v Rs 4000 for every successful application
• The Employee shall be paid according to the agreed salary. The Employee shall be paid
monthly in arrears on last working day of every month into a bank account nominated
by the Employee.

• The Employer may make a deduction from your next wage/salary payment, should any
overpayment have been made to you. You agree in the event of the termination of your
employment, to the deduction from your final pay of any debt owing to the Employer

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

• The Employee will be paid at least the statutory minimum wage despite anything to the
contrary in this Agreement.

• Your first salary and performance review will be held 6 months after the date of your
joining and based on your performance a recommendation may be forwarded to the
Managing Director. If your performance is not up to the requirement set by the
company then your employment may get terminated or a performance improvement
plan for a specific period can be activated based on the discretion of the management.

• The employer agrees to review the employee’s salary every 12month anniversary
thereafter. The employer and employee agree that the employee shall not have any
necessary entitlement to an increase but the employer agrees to conduct this review in
good faith and to consult with the employee during the review.

3. Annual leave:

• The Employee shall be entitled to paid annual leave as set out in this clause:
The Employee shall be entitled to 12 days of paid annual leave in accordance with the
Factories act 1948, section 79-82; and which shall be taken after the completion of 12
months of service (or at least completion of 240 working day). This entitlement will be
calculated and paid.

• The time for taking annual leave shall be agreed between the Employer and the
Employee. The Employee must give at least 6 weeks’ notice to the Employer when
required to take the annual leave. The Employer shall provide at least 14 days’ notice to
the Employee, directing them to take annual leave commencing on particular date.

4. Laptop and Mobile phone of the company

• The Company laptop must be used and maintained in a professional manner. Any
deliberate damage, loss of the Laptop or mishandling will cause the user (Sruthy S Nair)

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

to bare the replacement or repair costs. Mobile phone and other electronic gadgets in
the office has to be use and maintained with at most care and reasonable user
standards. Any kind of damages on any of the electronic items or assets of the company
will be investigated and found any damages has been identified as the result of
mishandling or deliberate actions has to be treated appropriately under the terms of the
laws and regulations of local authorities.

5. Vehicle

• A vehicle may be provided to you to complete jobs as instructed by your Employer.


Where a vehicle is provided to you, you must have a valid Driver’s licence to use the
same, and you must

A. At all times maintain the Vehicle in a good and safe operating order repair and condition
and ensure that it is washed, cleaned and serviced from time to time as reasonably
necessary or desirable or whenever required to do so by us;

B. Permit your employer or its approved agents at all reasonable times to have access to
the Vehicle for the purpose of ascertaining whether this Agreement is being complied
with;

C. Ensure that the Vehicle is at all times operated by a person who has the necessary
licenses, which are required for its operation.

D. Not use or knowingly allow the Vehicle or any part of it, to be used for immoral or illegal
purposes, nor allow or suffer the Vehicle to be used for any purpose, business activity or
use other than the conduct of the business use without our prior written approval from
your Employer.

E. keep a log book for the distance covered by the vehicle

F. You will be liable for all expenses towards any damage caused by the vehicle or the

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

vehicle, in the circumstances when the above conditions of vehicle use are not met. You
will also be liable to pay any fines procured due to any illegal operations or illegal
parking when you are in charge of the vehicle.

6. Public Holiday Pay

• Where the Employee is required to work on the Public Holiday, the Employer will pay the
employee at a rate of time and a half for hours worked on that day provide the
employee an alternative holiday only if the public holiday falls on a day that would
otherwise be a working day for the employee.

• If the Employee is required to work a shift which crosses over from one day to the next,
time and a half will only be paid for the hours worked on the actual public holiday.

• If a Public Holiday falls on an otherwise working day for the Employee and the Employer
does not require any work done on the day, the Employee will be entitled to a payment
which corresponds to the Employee’s normal working hours pay rate.

• Close down period


Derrick Jones Management reserves the right to nominate up to six days’ holiday per
year as a “close down” period. These “close down” days are normally used during the
Christmas/New Year period and you will be required to take these as part of your annual
leave entitlements referred to above.

• New Year
• Republic Day
• Maha sivarathri
• Maundy Thursday
• Good Friday
• Vishu
• May Day
• Idul Fitr

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

• Independence day
• Thiru Onam
• Sree Krishna Jayanti
• Sree Narayana Jayanti
• Gandhi Jayanti
• Maha Navami
• Deepavali
• Christmas

7. Sick Leave

• The employee shall, after 3 months employment with the employer, be entitled to 5
days sick leave for each subsequent 12 month period of service. Sick leave can be taken
where the employee is sick or where the employee’s spouse or a person who is
dependent on the employee is sick or injured. Sick leave entitlement can be
accumulated from year to year up to a maximum entitlement of 20 days.

• The employee may be required to provide reason for and proof of the sickness or injury
for any sick leave, which may include a medical certificate

• Illness of Injury

Where you are unable to perform your full duties due to mental or physical
illness or injury, and Derrick Jones Management considers you will not be able to
resume full duties within a reasonable time, Derrick Jones Management may end
your employment by giving 2 weeks’ notice.

Before ending your employment, Derrick Jones Management will take into
account any medical reports or recommendations that you may provide. In the
event that you elect not to undergo a medical examination or to not provide

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

relevant information, Derrick Jones Management may make a decision on the


information available.

8. Parental leave

• There is no provision on paternity leave in Indian labour law for private sector workers.
The civil servants (Central Government) however are entitled to paternity leave.

9. Unpaid leave

• Applications for unpaid leave will be given reasonable consideration by the employer,
but shall be granted only by the employer’s sole discretion having regard to the
requirements of the employer’s business and operations. Applications for unpaid leave
will be considered in a situation such as for compassionate reasons; to undertake a
course of work related study; or to gain additional work related experience

10. Confidential Information:

• The employee shall not, whether during the currency of this agreement or after its
termination for whatever reason, use, disclose or distribute to any person or entity,
otherwise than as necessary for the proper performance of their duties and
responsibilities under this agreement, or as required by law, any confidential
information, messages or data or trade secrets acquired by the employee in the course
of performing their service under this agreement. This include, but not limited to,
information about the employer’s business.

• Confidential Information and company property

• You agree not to make any unauthorized use, publication or disclosure, during or
subsequent to your employment with Derrick Jones Management of any intellectual
property, trade secrets or matters, information or knowledge of a confidential nature,
(including but not limited to any knowledge or information concerning Derrick Jones

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

Management, any associated or related business, Derrick Jones Management’s Director’s


Employees, Customers, Clients, affairs or property) generated, acquired or made
available to you during the course of your employment by Derrick Jones Management,
except to the extent that any disclosure of such intellectual property , trade secret or
confidential information is necessary to fulfill your responsibilities as an employee of
Derrick Jones Management.

• Derrick Jones Management operates in a highly competitive market place and, as such,
guards its intellectual property, trade secrets and confidential information. All employees
need to be careful when it comes to handling Derrick Jones Management’s confidential
information. The importance is such that a breach of these confidentiality obligations will
be regarded seriously and, in appropriate circumstances, may justify summary dismissal.

11. Conflicts of Interest:

• The employee aggresses that there are no contracts, restrictions or other matters which
would interfere their ability to discharge their obligations under this agreement, If, while
performing their duties and responsibilities under this agreement, the employee become
aware of any potential or actual conflict between their interests and those of the
employer, then the employee shall immediately inform the employer. Where the
employer forms the view that such a conflict does or could exist, it may direct the
employee to take action(s) to resolve that conflict, and the employee shall comply with
that instruction. When acting in their capacity as employee, the employee shall not,
either directly or indirectly, receive or accept for their own benefit or the benefit of any
person or entity other than the employer any gratuity, emolument or payment of any
kind from any person having or intending to have any business with the employer.

12. Privacy Obligations:

• The employer and the employee shall comply with the obligations set out in the
Information Technology Act,2000 (Act) through Section 43-A (Compensation for failure
to protect data) and Section 72-A (Punishment for disclosure of information in breach of
lawful contract). The employee must not breach the privacy of any customer or client in

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

the course of their employment.

13. Restructuring and Redundancy:

• Redundancy is a situation where the position of employment of an employee is or will


become surplus to the requirements of the employer’s business or where the contract at
which the employee is located, is terminated, or where the client directs the Employer to
remove the Employee for any reason (if any) other than misconduct.

• Redundancy compensation:

Ø In the event the Employee’s employment is terminated on the basis of redundancy, the
Employee shall be entitled to notice of termination of employment as specified in the
termination clause, but shall not be entitled to any additional payment, whether by way
of redundancy compensation or otherwise.

Ø in the event of a restructure, as defined in the Employment Industries and regulation


and development act 1951. (being the sale, transfer, or contracting out of all or part of
our business) that may affect your employment, the Employer will:

Ø As soon as is reasonably practicable, taking into account the commercial requirements of


the business, commence discussions with the potential new employer concerning the
impact of the restructuring on your position.

Ø Discuss with the potential new employer regarding whether or not it proposes to offer
employment to you, and if so the terms and conditions it proposes to offer employment
to you, and the proposed date of commencement of employment with the potential new
employer.

Ø In the event you are not employed by the potential new employer, for whatever reason,
you will not have any contractual entitlement to redundancy compensation.

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

14. Termination of Employment:

• General termination;

Ø The employer may terminate this agreement for cause, by providing two weeks’ notice
in writing to the employee. Likewise, the Employee is required to give four weeks’ notice
of resignation. The employer may, at its discretion, pay remuneration in lieu of some or
all of this notice period.

• Termination for serious misconduct

Ø Notwithstanding any other provisions in this agreement, the employer may terminate
this agreement summarily and without notice for serious misconduct on the part of the
employee. Serious misconduct includes but not limited to;
v Theft
v Dishonesty
v Harassment of a work colleague or customer
v Serious of repeated failure to follow a reasonable instruction
v Deliberate destruction of any property belonging to the employer
v Actions which seriously damage the employer’s reputation.

15. Suspension

• In the event the employer wishes to investigate any alleged misconduct, it may, after
discussing the proposal of suspension with the employee, and considering the
employee’s views, suspend the employee on pay whilst the investigation is carried out.

• Abandonment of employment;
Ø In the event of employee has been absent from work for three consecutive working
days without any notification to the employer, and the employer has made reasonable
efforts to contact the employee, this agreement shall automatically terminate on the

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

expiry of the third day without the need for notice of termination of employment.

Ø In the event where the Employee has been absent from work on a day otherwise to be
the working day for the employee, without any notification to the Employer and the
Employer has made reasonable efforts to contact you, you must be able to provide a
satisfactory proof to the employer for the reason of your absence and if you are unable
to provide a reasonable cause and this event repeats on another day, then the Employer
shall terminate your employment without the need for notice of termination of
employment.

16. Obligations of employee on termination.

• Upon termination of this agreement for whatever reason, or at any other time if so
requested by the employer, the employee shall immediately return to the employer
all information, material or property (including but not limited to Printouts, reports,
memos, diagrams, security cards, keys, company vehicle, laptops, mobile phones and
other company accessories) either belonging to or the responsibility of the employer and
all copies of that material, which are in the employee’s possession or under their control.

17. Resolving Employment Problems.

• If any employment issue arise, those should be raised with the employer as soon as
possible so that they can be resolved. If the matter is not resolved either party can seek
assistance from the Department of Labour’s Mediation Service. If the issues are not
resolved at mediation, they may be referred to the Employment Relationship Authority.

18. Non Assignment by employee:

• The employee must personally perform the duties and responsibilities under this

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

agreement and no sub-contracting or assignment by the employee is permissible.

19. Entire Agreement:

• Both Employer and Employee acknowledges that this agreement contains the whole and
entire agreement between the parties as to the subject matter of this agreement and
any agreement given prior to the commencement of this agreement becomes invalid.

20. Employee Acknowledgement:

• The employee acknowledges that; they have been advised of their right to take
independent advice on the terms of this agreement; that they have been provided with
a reasonable opportunity to take that advice; that they have read these terms of
employment and understand these terms and their implications; and that they agree to
be bound by these terms of employment and the employer’s policies and procedures as
implemented by the employer from time to time.

21. Code of Conduct

Derrick Jones Management has a right to expect a reasonable standard of performance


and conduct from you. Similarly, you have a right to expect fair treatment where Derrick
Jones Management’s objective is not to punish but rather to encourage the required
standards of conduct and levels of performance.

It is your responsibility to adhere to Derrick Jones Management’s policies and


procedures, which may be developed, implemented, modified or revoked from time to
time.

Johnson Albert 24.07.17 Sruthy S Nair


DERRICK JONES MANAGEMENT LIMITED
Puthenveettil Buildings, Kathrikadavu , Cochin 17. Tel : 0484-2338448, +91 9895 990 487

Poor work performance is not acceptable and if the required standard of performance is
not achieved and maintained, this may also result in termination of employment.

22. Bond duration


• There will be a bond of 12 months from the commencement of this contract, and if the
employ decide to resign the job before that period, he/she will be obliged to give a
compensation of her 12 month salary to the parent company.

Johnson Albert
Managing director
Derrick Jones Management Ltd

Signed: ....................................................
Date: ....................................................

Employee Name: Sruthy S Nair

Signature: ……………………………………………..
Date: ……………………………………………….

Johnson Albert 24.07.17 Sruthy S Nair

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