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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. This appointment letter 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 you remuneration in terms of Schedule – B hereto.

3. GRATUITY

3.1 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.

4 LEAVE

4.1 You shall be entitled to 21 working days paid leave in a calendar year, i.e. January 1 st
through December 31st. However, if you join service or resigns from service or if your
services are terminated during the calendar year then you will be entitled to leave on a
pro-rata basis. The total period of such leaves which may be accumulated by you shall
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25.02.2022

not, at any time, exceed three times the period of paid leave to which you are entitled
after every twelve months’ employment.

5.2 You shall be entitled to 12 days of casual/sick leave with pay in a calendar year. Such
leaves shall not be accumulated.

5.3 You 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, you 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 You shall retire from the service of the company on reaching the age of 60 years. You
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 as mandated by law are to be borne and paid by You,
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" on weekend or public
holidays, as may be required.

10 INDEMNITY

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

10.2 MDR shall indemnify and hold you indemnified against all acts done by You in
discharge of your duties, provided that You 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 The employment may be terminated by either party by giving at least one (1) months’
notice or payment in lieu for the remaining notice period. In the event you serve
notice of termination, MDR may relieve you from your duties at the date as MDR
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may deem fit even before expiration of the notice period without incurring any
obligation to pay salary for the un-expired notice period.

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 or any
good/unavoidable reasons.

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 You are 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 You 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 You shall perform his/her duties and obligations as provided in this Agreement and as
per the directions and instructions communicated to You from time to time.

12.2 You 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 and decided by
MDR.

13 CONFIDENTIALITY:

13.1 You agree that by virtue of his/her employment with MDR, he/she may come to learn
information which may be sensitive, proprietary, and confidential. You 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 You acknowledge 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 your 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
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25.02.2022

be sole and exclusive property of MDR., and 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, You hereby expressively agrees and assigns to MDR
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, MDR hereby waives his/her rights to
raise any claims arising from such rights against MDR.

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 MDR or for
any other reason whatsoever.

15. OUTSIDE EMPLOYMENT OR BUSINESS UNDERTAKING

15.1 You shall not, during your employment with MDR, except with the knowledge and
prior written consent of 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 of 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.

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 You for his/her services of 1 (one) month.

18. GENERAL:
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25.02.2022

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 You have been provided with a detailed understanding of the
office policies and procedure. You acknowledge that the same have been read by you and
understood in their correct perspective and that You are 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
“You”

For and on behalf of MDR

ACCEPTANCE:

I, Prerna Mittal, hereby agree to the terms and conditions of service as mentioned above.

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

SCHEDULE A
Job Description

(Manager Accounts & Administration)


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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