Professional Documents
Culture Documents
Draft Agreement Employment Prerna Mittal
Draft Agreement Employment Prerna Mittal
Effective:………….
G E RM A N TV
Dear Ms. Prerna,
The terms and conditions of the employment are set out below:
1. APPOINTMENT
www.ARD.de
I
2.1.3 Conveyance Allowance
The employee shall receive Rs. 19,200/- per annum as conveyance allowance.
2.1.6 The employee shall be reimbursed for all expenses incurred on traveling for official
purpose on submission of bills/ receipts.
2.1.7 The employee shall be entitled for medical reimbursement of Rs. 15,000/- per
annum.
2.1.8 The employee shall be entitled for reimbursement for books & periodicals, food,
petrol, telephone and internet as per the terms and conditions decided by MDR
subject to a maximum of Rs. 48,000/- for the year.
2.1.9 An annual bonus equivalent to one month's salary would be paya ble on the eve of
Diwali each year.
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.
4 GRATUITY
4.1 Gratuity would be paid in accordance with Payment of Gratuity Act, 1972 and rules
made thereunder and would also be subject to releva nt provisions relating to taxation
in accordance with Income Tax Act, 1961 a nd rules made there under.
5.1 The employee shall be entitled to 21 wor king days paid leave in an year i.e. Ja nuary
01 through December 31. 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.
5.2 The employee is entitled to at least one casual or sick leave with
pay, after every month of continuous employment or 12 casual/sick
leaves with pay, after one year.
2
5.3 The employee shall be entitled to maternity leave for a period of 3 months. During
the period of maternity leave you would be paid the full salary. However, the
The maximum
entitlement shall be restricted to two children only. (Comments)
period for which any woman employee shall be entitled to maternity
benefit shall be twenty-six weeks of which not more than eight
weeks shall precede the date of her expected delivery: [Provided that
the maximum period entitled to maternity benefit by a woman having
two or more than two surviving children shall be twelve weeks of
which not more than six weeks shall precede the date of her expected
delivery:]
5.4 Leave can not be accumulated. No leave encashment would be allowed at the time of
retirement or at the time of leaving the services of MDR.
6 RETIREMENT AGE
The employee shall retire from the service of the company on reaching the age of 60 years or
termination of agreement whichever is earlier. You will be required to furnish an authentic
document i.e. birth certificate, school certificate, etc. as proof of your date of birth. D a t e
of birth shall not be subject to change, once document of proof
has been submitted.
7 ANNUAL REVIEW
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 01 of that
year."
8 TAXATION
All applicable direct taxes are to be borne by the Employee, except Tax Deducted at Source,
which will be deducted by MDR from the salary.
9 WORKING HOURS
The number of working hours shall be 8 hours every day of the week from Monday to
Friday. You are, however, to be "on call" during weekends and public holidays in agreement
with the ……………………………………………
10 INDEMNITY
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.
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
3
Your employment may be terminated by either party by giving at least one (1) month notice or
payment in lieu thereof. In the event you serve notice of termination, MDR may relieve you
from the date as MDR Delhi may deem fit even before expiration of the notice period
without incurring any obligation to pay salary for the un-expired notice period.
Your services may be terminated by MDR without notice in the following cases:
• 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.
• If you are prosecuted in any criminal proceedings before any court in India or
abroad.
• If any of MDR's assets or resources is used for purposes other than for discharging the
duties as provided for in this Agreement or as required by MDR from time to time.
12.1 The Employee shall perform its duties and obligations as provided in this Agreement and as
per the directions and instructions communicated to the Employee from time to time.
13 CONFIDENTIALITY
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."
4
14 OUTSIDE EMPLOYMENT OR BUSINESS UNDERTAKING
You shall not, during your employment with the MDR, except with the knowledge
and prior written consent of the ……………………., embark on or engage in any outside
activity , business undertaking or employment, gratuitously or for profit.
15 DISPUTE
"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. 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.
.Furthermore, on joining service the employee has been provided detailed understanding of the
office policies and procedure. The employee acknowledges that the same have been read by 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.
y
I, Prema :Mittal, hereby agree to the terms & conditions of service as mentioned above.
Prema Mittal