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Draft for discussion only.

25.02.2022

To,
Ms. Prerna Mittal
B-102, Swasthya Vihar
Delhi - 110092

Dear Ms. Prerna,

Sub: Appointment Letter of Ms. Prerna Mittal

We are pleased to make this offer of employment to you (“the Employee”) with
Mitteldeutscher Rundfunk, Germany, (‘MDR’), an institution incorporated in Germany under
the German Laws, being represented through its Indian Liaison Office at F-4 South Extension
Part-II, New Delhi – 110049, subject to, inter alia, your acceptance of the terms and
conditions of employment. Thise contract [contract or appointment letter? please be
consistent] will be effective from the period ……….. till its termination is provided
hereinunder.

The terms and conditions of the employment are set out below:

[begin of employment to be mentioned—begin of first agreement]

1. APPOINTMENT

1.1 You will be appointed to the position of Manager Accounts & Administration, in the
employment of MDR. You would report to the [POSITION] [NAME], and carry out
duties and functions as instructed by the Company from time to time, and as specified
in Schedule A hereto, with utmost sincerity and diligence, and to the satisfaction of the
Company.

1.2 You agree that MDR can post you anywhere in India as may be deemed necessary. [Q
to client: does that make sense for Prerna? do we need other countries for reporting
staff? or are they all freelancers?]

2. ANNUAL TOTAL COMPENSATION

2.1 In reward of the services rendered by the Employee, MDR shall, during the continuance
of the employment, pay to the Employee [either “you” or “the Employee”]
remuneration in terms of Schedule – B hereto.

3 EX-GRATIA / PERFORMANCE BONUS:

3.1 An ex-gratia / performance bonus may be paid to you based on the performance during
the year at the discretion of the management. The quantum of ex-gratia /performance
bonus would be decided by the MDR office.[performance bonus was discontinued, see
agreement 2019-20]

4 GRATUITY
Draft for discussion only.
25.02.2022

4.1 Gratuity would be paid in accordance with Payment of Gratuity Act, 1972 and rules
made thereunder and would also be subject to relevant provisions relating to taxation in
accordance with Income Tax Act, 1961 and rules made there under.

5 LEAVE AND LEAVE ENCASHMENT

5.1 The Employee shall be entitled to 21 working days paid leave in a calendar year, i.e.
January 1st through December 31st. However, the Employee who joins service or
resigns from service or whose services are terminated during the calendar year will,
however, be entitled to leave on a pro-rata basis. The total period of such leaves
which may be accumulated by the Employee shall not, at any time, exceed three
times the period of privilege leave [“paid leave” or “privilege leave”?] to which he
is entitled after every twelve months’ employment.

5.2 The Employee is entitled to at least one casual or sick leave with pay, after every month
of continuous employment or 12 days of casual/sick leave with pay in a calendar year,
after one year. [she has been working for several years already] Such leaves shall not be
accumulated.

5.3 The Employee shall be entitled to maternity leave for a period of 6 months in terms of
the Maternity Benefit Act 1961. During the period of maternity leave, the Employee
would be paid full salary. However, the entitlement of Employee having two or more
than two surviving children shall be 12 weeks, as provided in the Maternity Benefit Act
1961.

6. RETIREMENT AGE

6.1 The Employee shall retire from the service of the company on reaching the age of 60
years. The Employee will be required to furnish an authentic document i.e., birth
certificate, school certificate, etc. as proof of date of birth. Date of birth shall not be
subject to change once document of proof has been submitted.

7. ANNUAL REVIEW

7.1 MDR may, at its sole discretion, review the salary once a year and if so thought fit,
allow an increment to be effective from November 1st of that year.

8. TAXATION

8.1 All applicable direct taxes are to be borne and paid by the Employee [which ones are
they? is that practical?], except Tax Deducted at Source, which will be deducted by
MDR from the salary.

9. WORKING HOURS

9.1 The number of working hours shall be 8 hours every day of the week from Monday to
Friday. You are, however, expected to be available "on call" during on weekend days
or public holidays, as may be required. [is “on call” worktime? do they have to pay?
would a full weekend “on call” violate the obligation to provide one free day per
week?]
Draft for discussion only.
25.02.2022

10 INDEMNITY

10.1 The Employee shall indemnify and hold MDR indemnified against all damages and
losses that may be incurred by MDR due to Employee's negligence or breach of any
terms and conditions of this Agreement.

10.2 MDR shall indemnify and hold the Employee indemnified against all acts done by the
Employee in discharge of his/her duties, provided that the Employee has acted in bona
fide and not in a manner prejudicial to the interest of MDR, and has given immediate
notice of such claims to MDR.

11 TERMINATION OF EMPLOYMENT
11.1 Your The employment may be terminated by either party by giving at least one (1)
month’s notice or payment in lieu thereof [please rephrase: if employee terminates,
does he have to pay for leaving immediately?]. In the event you serve notice of
termination, MDR may relieve you from your duties at the date as MDR may deem fit
even before expiration of the notice period without incurring any obligation to pay
salary for the un-expired notice period. [is that legal?]

11.2 Your services may be terminated by MDR without notice in the following cases:

11.2.1 In the event of violation of one or more terms of this Agreement.

11.2.2 Subject to Clause 5 above, if you are absent from your duty for more than 10 days in
six months or for more than five consecutive days without due notice and/or in
violation of section 5. [“without due notice” or good reason?]

11.2.4 If the MDR determines that the job was secured through misrepresentation, fraud or
unfair means, or if any of the documents, information furnished by you to MDR
proves to be false, or if you, in the opinion of MDR, have suppressed any material
information from MDR.

11.2.5 If Employee is prosecuted in any criminal proceedings before any court in India or
abroad.

11.2.6 If any of MDR's assets or resources is used by the Employee for purposes other than
for discharging the duties as provided for in this Agreement or as required by MDR
from time to time.

12 GENERAL CONDUCT & DUTIES

12.1 The Employee shall perform his/her duties and obligations as provided in this
Agreement and as per the directions and instructions communicated to the Employee
from time to time.
Draft for discussion only.
25.02.2022

12.2 You [“you” or “the Employee”?] will abide by the Employee’s handbook, code of
conduct, staff rules, regulations and policies applicable to you, which are in force
from time to time.

13 CONFIDENTIALITY

13.1 Employee agrees that by virtue of his/her employment with MDR, he/she may come
to learn information which may be sensitive, proprietary, and confidential. Employee
shall not, during the course of employment or otherwise, publish, divulge, disclose,
disseminate, or share in any manner, or cause the same to be disclosed, disseminated,
or published for the benefit of himself/herself or any person or use such information
for any purpose other than in discharge of duties."

14 INTELLECTUAL PROPERTY RIGHTS [please remove from this contract and


rework in accordance with e-mail]

14.1 The Employee acknowledges and agrees that the works, of whatever nature or format,
including but not limited to photos, reports, texts, articles, Audio-Visual material, etc.
generated as a result of the Employee’s performance of his/her duties and services
under this Agreement (hereinafter referred to as “Works”) shall at all times constitute
and shall be deemed to be sole and exclusive property of MDR the Company, and the
Company MDR shall be the first and exclusive owner of such works throughout the
world, in accordance with the Copyright Act, 1957 (as amended).

14.2 Notwithstanding the above, the Employee hereby expressively agrees and assigns to
MDRthe Company all rights, title, and ownership in perpetuity and throughout the
world, in and to the Works, and agrees and confirms to waive (to the extent permissible
under applicable laws) all and any rights under the Copyright Act, 1957. To the extent
any of the aforesaid rights are not assignable, the Company MDR hereby waives his/her
rights to raise any claims arising from such rights against MDRthe Company.

14.3 The Employee agrees that none of the rights assigned under this Agreement shall lapse
for any reason whatsoever, such as for any non-exercise of rights by MDRthe Company
or for any other reason whatsoever.

15. OUTSIDE EMPLOYMENT OR BUSINESS UNDERTAKING

15.1 You shall not, during your employment with the MDR, except with the knowledge
and prior written consent of the MDR, embark on or engage in any outside activity,
business undertaking or employment, gratuitously or for profit.

16 GOVERNING LAWS AND DISPUTES

16.1 In the event any dispute, difference or question arises between the parties in
connection with, or in relation to this Agreement, the parties will first use their best
efforts to resolve the same through mutual consultation and discussions.
Draft for discussion only.
25.02.2022

If the parties are unable to resolve the dispute, difference or question within a period
of 15 (fifteen) days from the commencement of discussions, or such longer period as
may be mutually decided between the parties in writing, the same shall be referred for
arbitration by a Sole Arbitrator, to be appointed by the Indian Council of Arbitration.

The arbitral proceedings shall be in English in accordance with the rules of Indian
Council of Arbitration.

The seat and venue of the arbitration proceedings shall be New Delhi and the Award
so made shall be final and binding on both the Parties.

The Arbitrator shall be entitled to act and decide as ex aequo et bono or as amiable
compositeur.

16.2 The procedural and substantive law shall be the laws of India.

17. LIMITATION OF LIABILITY:

17.1 In event of termination of this Agreement by MDR for any cause, the liability of MDR
shall be limited to the amount payable to the Employee for his/herits services of 1 (one)
month.

18. GENERAL:

18.1 This Agreement supersedes all prior agreements, arrangements, understandings, and
communications between the Parties, whether express or implied, and constitutes the
entire agreement and understanding between the Parties with respect to its subject
matter.

18.2 The Parties hereby agree that any amendments to this Agreement must be entered in
writing counter-signed by both the Parties.

Furthermore, on joining service, the Employee has been provided with a detailed
understanding of the office policies and procedure. The Employee acknowledges that the
same have been read by him/her and understood in their correct perspective and that the
Employee is in agreement with the same.

In witness whereof both the parties have agreed and signed hereunder on the contract on the
date and place first mentioned and in duplicate, one to be retained by MDR and another by
the Employee.

For and& on behalf of MDR

ACCEPTANCE:

I, Prerna Mittal, hereby agree to the terms and& conditions of service as mentioned above.
Draft for discussion only.
25.02.2022

Prerna Mittal
Date:
Place:
Draft for discussion only.
25.02.2022

SCHEDULE A
Job Description

<PLEASE INSERT JOB DESCRIPTION> [don’t we have one?]


Draft for discussion only.
25.02.2022

SCHEDULE B

Particulars  Monthly   Annual  

Basic Salary  63,272   7,59,270  

HRA  28,819   3,45,832  

L T A     97,028  

Other Allowances  2,470   29,635  

Expense reimbursements  9,437   1,13,249  

Medical Reimbursement  1,313   15,750  

Gross Salary excluding Bonus  1,05,311   13,60,764  

Diwali Bonus     1,13,397  

Gross Salary including Bonus     14,74,161  

Total Salary        

1. The Employee shall also be entitled to benefit of Provident Fund as per the Employees’
Provident Fund and Miscellaneous Provisions Act, 1952 and the applicable rules
framed thereunder.

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